The Punjab and Haryana High Court Bar Association on Jattvibeday expressed “deep concern and unequivocal condemnation” over the stand of the Punjab government questioning and opposing the appointment of Justice Ashwani Kumar Mishra as Chief Justice of the Punjab and Haryana High Court.An emergent meeting of the executive committee of the Bar association was called under its president, Rohit Sud, to deliberate upon the matter and issues concerning the independence and dignity of the judiciary, the association said.The Bar association said the independence of the judiciary was “one of the foundational pillars of our constitutional democracy” and an integral part of the basic structure of the Constitution. A strong, fearless and independent judiciary was indispensable to the Rule of Law and the protection of the fundamental rights and liberties of every citizen, it said.“Any attempt by the executive to exert pressure upon, politicise, or interfere with the independence of the constitutional judiciary must therefore be viewed with the utmost seriousness,” the association said.It said the appointment of judges and chief justices of high courts was governed by the constitutional framework and the law declared by the Supreme Court concerning the judicial appointments process.“Once an appointment has been made in accordance with the constitutional process, political disagreement cannot be permitted to undermine the authority, dignity or institutional independence of the judiciary,” it said.The Bar association said it was particularly concerned by the reported attempt to portray opposition to the appointment as an issue concerning federalism or the constitutional rights of the state. The constitutional process governing the appointment of a chief justice of a high court, it said, “cannot be converted into a political controversy or an executive confrontation with the judiciary”.“The established constitutional principle of separation of powers requires each organ of the state to respect the institutional autonomy and constitutional domain of the others,” the association said.It also said the convening of an emergency meeting of the Punjab Cabinet specifically to deliberate upon the appointment of the chief justice raised “serious concerns regarding executive overreach into a matter governed by the constitutional mechanism for judicial appointments”.“Any action that creates an impression of political or executive pressure upon the judiciary has the potential to erode public confidence in the administration of justice,” it said.The Bar association urged the Punjab government to “preserve the sanctity of the Punjab & Haryana High Court and the dignity of the august office of its Chief Justice”.Turning the appointment of the Chief Justice into a political issue, it said, “lowers the dignity of this constitutional institution and may undermine the faith and confidence that citizens repose in the judiciary”.“The office of the Chief Justice represents not merely an individual office but the institutional authority, dignity and independence of this Hon’ble Court,” the association said. Constitutional appointments to such offices, it added, “ought to remain insulated from political controversy” so that the judiciary could discharge its constitutional responsibilities independently, fearlessly and without any perception of Executive pressure.The Bar Association said that, as an “integral stakeholder in the administration of justice”, the Bar had a solemn responsibility to defend the independence, dignity and autonomy of the judiciary. It “cannot remain a silent spectator where actions or statements of the Executive have the effect of casting a political shadow over a constitutional institution”, it said.The association “strongly and unequivocally condemns any unwarranted political or Executive interference in matters concerning the independence of the judiciary” and urged the Punjab Government to respect the constitutional process, observe the established principles of separation of powers and judicial independence, and preserve the institutional dignity of the High Court.“The High Court must remain free to perform its solemn constitutional duty of upholding the Rule of Law, protecting fundamental rights and safeguarding the rights and liberties of the citizens of this country, without political or Executive interference from any quarter whatsoever,” it said.Calling upon the entire legal fraternity to remain “vigilant, united and steadfast” in defence of judicial independence, the association said judicial independence was not merely a concern of judges and advocates but “a constitutional safeguard belonging to every citizen” and an “indispensable guarantee against arbitrary exercise of State power”.The Bar and the Bench, it said, were “two sides of the same coin” and together constituted an “extended family of the institution of justice”. Their mutual respect, independence and cooperation were indispensable for maintaining citizens’ faith in the justice delivery system, it said.The Executive Committee said it stood “firmly, unequivocally and shoulder to shoulder” with the Judiciary in safeguarding its independence, dignity and constitutional authority and remained committed to extending its fullest cooperation for the smooth, effective and fearless functioning of the justice delivery system.“The Punjab & Haryana High Court Bar Association shall remain resolute in defending the Constitution of India, the Rule of Law, the separation of powers, and the independence, dignity and sanctity of the judiciary,” it said.


