MV Ramana

Proclaimed offender and Andhra Pradesh High Court (AP HC) judge N Venkata Ramana may continue as judge even after his recommended removal by the Chief Justice of India, if the Parliament does not initiate his removal, attorney general GE Vahanvati told the Supreme Court.

An arson case was filed against Venkata Ramana prior to his appointment at the AP HC, and he was declared a proclaimed offender. A petitioner, through senior advocate Shanti Bhushan, approached the SC for quashing his appointment, in light of the pending criminal case against him.

Vahanvati told a bench of Justices Aftab Alam and Ranjana P Desai that once a Judge has been appointed, the parliament is the sole authority to initiate his removal as:

The Constitution makers were clear that Judges of higher judiciary needed to be protected to uphold the higher principle of judicial independence.

Removal is the only process recognized by the Constitution to maintain independence of judiciary. Hard cases and harsh facts involving a particular person make no difference to the higher principle.

Venkata Ramana’s name was dropped twice from being considered by the collegium of judges appointing high court justices. It was on erstwhile law minister Ram Jethmalani’s insistence that the collegium was persuaded to reconsider his name. [TOI]

Legally India Supreme Court Postcard writer Courtwitness tweeted: “An appointment which is invalid (say eligibility criteria like citizenship found not fulfilled) can always be quashed by courts. Removal is only for valid appointment upon finding of "misbehaviour". A. 124 for SC/217 for HC judges.”