Throwing his weight behind the NJAC, he said that the system of selection did not matter .. as long as the person had integrity and was not amenable after he was made a judge. He, however, faulted the top court for failing to address the concerns of civil society and that of ordinary citizens.
“Every accused in the Sohrabuddin case gets bail, but poor Teesta (activist Teesta Setalvad) has to run from pillar to post. In all the Gujarat riot cases, those accused of murder get acquitted. The state does not appeal. This court gave bail to Maya Kodnani who was convicted for the m .All this would have to be kept in mind during selection of a judge, he said. “Once when a man gets power, will he be amenable to power or will he remember his oath?”
Justice Joseph sought to know if the NJAC would guarantee this. Dave said there can be no guarantees, but at least there will be consultations and transparency, which were an improvement over the collegium system. “Any inroad into judicial independence has to be serious, not imaginary,” he said.