THE UNKNOWN GOODBYE! JUSTICE ARALI NAGARAJ OF HC ABRUPTLY RESIGNS, THE TRUTH CONCERNS US ALL.

 Firoz.T.Totanawala

The Bangalore Metro Reporter

1st October 2011 issue-

                                THE UNKNOWN GOODBYE!

JUSTICE ARALI NAGARAJ OF HC ABRUPTLY RESIGNS,

THE TRUTH CONCERNS US ALL.

Justice Soumitra Sen of Kolkata High Court resigned just a day before he was to face the impeachment. The Rajya Sabha had impeached him and feeling shy of facing Loksabha impeachment, he resigned. The President duly accepted it which ultimately spared him of impeachment by the Loksabha, just hours before it was to begin.

In the same vein, the President accepted the resignation of P. D. Dinakaran, Chief Justice of Sikkim just before the probe committee started probing corruption charges against him prior to his impeachment. Likewise, Justice Arali Nagaraj of High Court has also tendered his resignation and there is no reason for the President to reject it. But the question of concern here is why has Justice Arali Nagaraj resigned?

Normally, the judges resign for personal reasons, against some allegations, on ground of principles and sometimes on Health grounds. It may be recalled that three senior judges of the Supreme Court resigned in the seventies when a junior judge was promoted as the Chief Justice of India by superseding them without any reason or logic. In another case, a Chief Justice of a High Court resigned protesting the policy on Transfer of judges and comparatively there are very few cases of judges resigning on health grounds.

The judges of the High Court and Supreme Court resigning for whatever reason, is not a small thing to be tucked under the carpet. The reason for such resignations should be made public primarily because the citizens have the right to know and secondarily because, people at large, have huge faith in Judiciary. The resignation issue is equivalent to a Chief Minister or a Minister suddenly resigning from the post without an explanation.

To simply put, though unknown, there should be a strong reason for the resignation of Justice Arali Nagaraj. If it is on ‘principles’, the judge would have disclosed it and raised his bar in the public eye. But since it is not revealed here the possibility of his resigning on principles ground is ruled out! It also cannot be on health grounds as he is hale and hearty with a sharp mind. Then, if the resignation is for personal reasons, the judge should have spelt out the same. He may have been disillusioned with the system or he might have faced some harassment or discrimination at the hands of Chief Justice or the senior judges or he may have decided to pursue his private legal practice once again. Whatever could be the personal reason, it should have been revealed and since it is not, one has to rule out the same.

But then, what is the real reason behind Justice Arali Nagaraj’s resignation? The Bar is agog with colourful rumours and one such rumour is his tiff with another straight forward judge who had taken exception to his adventures. It is also said that the Chief Justice was upset with his behaviour with a staff of the High Court which was unbecoming of a High Court Judge and so he made him to resign before the issue becomes scandalous. The CJ seems to have viewed the issue with all seriousness it deserved and Justice Arali Nagaraj had no option but to put down his papers.

Whatever be the reason behind his abrupt resignation, the High Court has a duty to explain the same. It can even issue a statement that Justice Arali Nagaraj has resigned on personal reasons not necessarily explaining the real reason if it may damage the credentials of the judiciary. But at least it should enlighten why Justice Arali Nagaraj has resigned. But, the hard fact is that, the truth may not come out, at least, for the present.

Whatsoever, Justice Arali Nagaraj’s resignation follows the resignation of Justice Soumitra Sen of the Kolkata High Court and Chief Justice P.D.Dinakaran of the Sikkim High Court, under controversial background. And that is all.