CJI Must Distance Himself, Judge Should Step Aside if Relative in Collegium: Ex-SC Judge Abhay S. Oka on HC Judge Appointment of CJI Gavai’s Nephew

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While reacting to the controversy over Chief Justice’s nephew recommended for High Court judge post, Ex-SC Judge Abhay S. Oka said CJI must distance himself and any judge should step aside if their relative’s name comes up in the collegium.

Former Judge of the Supreme Court of India Justice Abhay S. Oka emphasized that a judge whose relative’s name is under consideration in the Collegium should withdraw from the process.

He raised an important question,

“If a candidate is genuinely qualified, should they be excluded from the judiciary or denied the opportunity?”

The Collegium recently recommended the appointment of Raj Wakode, the nephew of CJI B.R. Gavai, as a judge of the Bombay High Court.

Also Read: Centre Clears Appointment Of CJI Gavai’s Nephew-Raj Damodar Wakode, Among 14 Advocates As Bombay High Court Judges

Justice Oka reiterated that the judge whose relative’s name is under discussion in the Collegium should indeed recuse themselves.

Justice Abhay S. Oka stated,

“Any judge whose relative’s name is being discussed in the collegium should step aside. The question may arise if a candidate is fully qualified, should he be denied a chance just because a relative is in the judiciary? But to maintain transparency and decorum, the Chief Justice must distance himself from such matters.”

Justice Gavai’s nephew, Raj Wakode, has been nominated for a judgeship at the Bombay High Court, with the Collegium recommending his name last week. In response, Justice Oka stated that if he were the Chief Justice, he would have distanced himself from that Collegium.

Also Read: CJI Gavai’s Nephew-Raj Damodar Wakode, Named Among 14 Lawyers As Bombay HC Judge: Supreme Court Collegium

Regarding the concept of dignity, Justice Oka noted that its interpretation can vary from person to person.

Earlier, The Supreme Court Collegium has recommended 14 lawyers for elevation as judges of the Bombay High Court.

Among them is Raj Damodar Wakode, who is related to Chief Justice of India Bhushan R Gavai. Wakode, the son of the CJI’s cousin, is regarded as Justice Gavai’s nephew. However, the CJI’s brother, Dr. Rajendra Gavai, has clarified that Wakode should be seen more as a “distant relative.”

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