'Don't talk on phone, all are being tapped' - CM 'OVERHEARS' JUDGES

Chief minister Kejriwal within the earshot of Justice Thakur and Prime Minister Modi
at the meeting to mark Delhi High Court’s 50th year. Picture by Prem Singh

TT, New Delhi, Oct. 31: Delhi chief minister Arvind Kejriwal today alleged that some judges feared their phones were being tapped, publicly making the claim before the Prime Minister and the Chief Justice of India at Delhi High Court's 50-year celebrations. 

"I have heard judges talk among themselves. Two judges talking among themselves say, 'Don't talk on the phone; the phone is tapped'," the chief minister said.

"I said, 'Sir, this can't happen; judges' phones can't be tapped'. They said, 'No, they are being tapped; everyone is being tapped - high court judges, Supreme Court judges, district court judges, upper judiciary, lower judiciary....'"

Kejriwal added: "I don't know whether this is true. But if there's widespread fear, and if this is true, then this is very dangerous."

Neither Prime Minister Narendra Modi nor Chief Justice T.S. Thakur - both spoke after Kejriwal did - referred to the issue. But Union law minister Ravi Shankar Prasad vehemently denied that judges' phones were being tapped.

The Prime Minister told the audience: "I can understand the seriousness on the dais, but others can smile.

"I never had the privilege to be in a court but I'm told the atmosphere there is serious. Its influence is seen here too. It's the golden jubilee, smile a bit. I understand the seriousness on the dais so that no wrong perception is created. But here (among the audience), I don't think there is any problem," Modi said, leaving the audience in splits.

Law minister Prasad said: "I deny with all authority at (my) command the allegations that phones of judges have been tapped.... (The) independence of the judiciary is fundamental... and uncompromising for the government."

Later, K.S. Dhatwalia, additional director-general of the Press Information Bureau, the government's publicity wing, said the Union home ministry "strongly denies media reports (of Kejriwal's speech) alleging tapping of telephones of some judges".

"There is no truth in these reports. These reports are baseless and unfounded," Dhatwalia added.

Kejriwal also cited the delay in judges' appointments, which has strained the relations between the Centre and the judiciary.

Kejriwal said: "Of the 1,100 sanctioned posts in high courts, 450 are vacant. Work is suffering. The collegium sent its recommendations to fill the posts as soon as possible many months ago. What is the reason the Centre has not made the appointments yet? This is worrisome because it gives rise to rumours."

He alleged that the rumours around the delay were affecting the judiciary's image. "In a democracy, public opinion is most important. These rumours aren't good," the chief minister said.

"People say that some minister wanted three judges to be appointed, that's why there is a delay. Some say that a minister doesn't want someone to be made a judge, and that's why the appointments have not been made. If there's even 0.01 per cent interference from the executive, it is not good for the judiciary's independence."

Kejriwal added: "There should be a rule, and until a rule is framed the Centre should implement the collegium's recommendations within 48 hours. The relationship between the executive and the judiciary should be codified."

On Friday, the Supreme Court had chided the Centre for failing to appoint over 200 high court judges its collegium had recommended in the past eight months, with an anguished Chief Justice saying: "You can as well close down the courts."

Kejriwal had a piece of advice for the judiciary too: it should not interpret the Constitution in a manner that leads to further centralisation of power.

He, however, did not refer to the high court judgment two months ago that said the lieutenant governor and not the chief minister was the administrative head of Delhi.

"If the judiciary does any interpretation of the Constitution that takes away power from the people and puts it in the hands of an individual, then that is not right, either," Kejriwal said. "The freedom struggle was not fought for such an interpretation."