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CJI faces revolt from four senior most SC judges

The four judges -- Justices Ranjan Gogoi, Kurian Joseph and Madan B. Lokur besides Justice Chelameswar -- released a letter they wrote to Justice Misra a couple of months ago

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PILs have become very important for Indian Judiciary System. Wikimedia Commons
PILs have become very important for Indian Judiciary System. Wikimedia Commons
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  • The sudden revolt against Chief Justice of India (CJI) by the four senior-most judges of Supreme Court has sent the whole judicial system into an uproar.
  • The four judges accused the CJI of corruption and breaches in a surprise Press Conference.
  • Judge Loya’s death’s controversy, supposedly, sparked this reaction out of the other judges.

Divisions in the Supreme Court burst out in the open on Friday when four senior-most judges took an unprecedented step of addressing the media to accuse Chief Justice Dipak Misra of breaching rules in assigning cases to appropriate benches, with one of them pointing to the plea regarding the mysterious death of Special CBI judge B. H. Loya.

The hurried press conference was called to reveal CJI's corruption. Pixabay
The hurried press conference was called to reveal CJI’s corruption. Pixabay

At a hurriedly called press conference at his residence, Justice J. Chelameswar and three other colleagues said the Supreme Court administration was “not in order” and their efforts to persuade Justice Misra even this morning “with a specific request” failed, forcing them to “communicate with the nation” directly.

The four judges — Justices Ranjan Gogoi, Kurian Joseph and Madan B. Lokur besides Justice Chelameswar — released a letter they wrote to Justice Misra a couple of months ago, conceding that he was the master of roster but that was “not a recognition of any superior authority, legal or factual of the Chief Justice over his colleagues”.

Asked specifically if they were upset over reference of the matter seeking a probe into the suspicious death of Judge Loya, Justice Gogoi said: “Yes.”

Judge Loya's death is said to have happened due to a conspiracy. Pixabay
Judge Loya’s death is said to have happened due to a conspiracy. Pixabay

Judge Loya, who was hearing a case relating to the killing of gangster Sohrabuddin Sheikh in an alleged fake shootout in which BJP chief Amit Shah was named an accused (later discharged), died of cardiac arrest in 2014. His family has raised doubts over the circumstances in which Judge Loya died and have sought an independent probe into it.

Plea’s seeking probe came up for a hearing in the Supreme Court on Friday when the top court expressed concerns over it and said it was a “serious issue”. It asked the Maharashtra government to produce all the documents related to the case before January 15.

In a seven-page letter, the four judges said they were not mentioning details of the cases only to avoid embarrassing the institution because “such departures have already damaged the images of this institution to some extent”.

The clash among the judges in the highest court also comes in the wake of a controversial order in November in which Justice Misra declared that the Chief Justice “is the master of the roster” having exclusive power to decide which case will go to which judge.

The CJI called himself 'master of roster' further enraging other judges. Pixabay
The CJI called himself ‘master of the roster’ further enraging other judges. Pixabay

The CJI had given the order a day after a two-judge bench headed by Justice Chelameswar had passed an order that a five-judge bench of senior most judges in the apex court should be set up to consider an independent probe into a corruption case in which bribes were allegedly taken in the name of settling cases pending before Supreme Court judges.

Holding that the Chief Justice was only the first among equals, the four judges contended that there were well-settled and time-honoured conventions guiding the Chief Justice in dealing with the strength of the bench required or the composition thereof.

“A necessary corollary to the above-mentioned principle is the members of any multi-numbered judicial body, including this court, would not arrogate to themselves the authority to deal with and pronounce upon matters which ought to be heard by appropriate benches, both composition-wise and strength-wise with due regard to the roster fixed,” they wrote in the letter.

They said any departure from the two rules would not only lead to “unpleasant and undesirable consequences of creating doubt in the body politic about the integrity of the institution” but would create “chaos”.

The four judges also touched upon another controversial issue, the Memorandum of Procedure (MoP) on the appointment of judges over which the Supreme Court had locked horns with the government.

The four judges also touched upon other problematic issues. deliason.files.wordpress.com
The four judges also touched upon other problematic issues. deliason.files.wordpress.com

The government, the letter said, had not responded to the communication and “in view of this silence it must be taken that the MoP has been accepted by the government on the basis of the order of this court”.

Justice Chelameswar told the media that they were “convinced that unless this institution is protected and maintains its requirements, democracy will not survive in the country or any country… The hallmark of a democracy is independent and impartial judges.

“Since all our efforts failed… Even this morning, on a particular issue, we went and met the Chief Justice with a specific request. Unfortunately, we could not convince him that we were right.”

Justice Gogoi said they were “discharging the debt to the nation that has got us here”.

The government appeared to distance itself from the controversy, saying the judges should sort the issue themselves.

Minister of State for Law P. Chaudhary said: “Our judiciary is one of the known, recognised judiciaries in the world. It is an independent judiciary. At this stage, I think no agency is required to intervene or interfere. The Chief Justice and other members should sit together and resolve. There is no question of panic.”

the matter should be resolved among the judges themselves, says P. Chaudhary.

The Supreme Court split had an immediate political fallout, with CPI leader D. Raja saying after meeting Justice Chelameswar that Parliament will have to devise methods to sort out problems like this in the top judiciary.

Two judges, Justice S. A. Bobde and Justice L. Nageshwar Rao, are understood to have called on Justice Chelameswar. IANS

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India Begins Its Election Season With Five States

The BJP has sent top leaders to campaign in Chhattisgarh.

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India's Prime Minister Narendra Modi gestures as he addresses the gathering during the 'Global Mobility Summit' in New Delhi, India, VOA

India began on Monday the first of five state elections to be held in coming weeks, important tests for Prime Minister Narendra Modi as he plots a course that he hopes will ensure him victory in a general election due by May.

Voters in the central state of Chhattisgarh went to the polls on Monday to elect representatives for 18 of the state assembly’s 90 seats in a staggered poll complicated by logistical problems and left-wing guerrillas.

The state of about 26 million people has been ruled by Modi’s Bharatiya Janata Party (BJP) since 2003, and he will be hoping to hold on to power.

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“Some unholy people have handed guns to children who should have pens in their hands,” Modi told a rally in the state on Friday, referring to the rag-tag guerrillas battling government forces from forest hideouts. “They’ve finished the lives of our tribal children.”

Hundreds of election workers had to be flown in to remote polling stations by helicopter because of the danger posed by the rebels.

Modi called for voters to back his BJP and its vision of “development for all.”

The final phase of voting in Chhattisgarh, which is known for its coal, iron ore and bauxite reserves, will be on Nov. 20.

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The BJP was the preference of about 43 percent of voters in Chhattisgarh, 7 percentage points ahead of the main opposition Congress party, according to a survey released last week by the Lokniti-Centre for the Study of Developing Societies.

Modi’s other big tests will be in the neighboring central state of Madhya Pradesh, where the BJP is slightly ahead of Congress, according to polls, and in the northwestern state of Rajasthan, where Congress is expected to emerge victorious.

A good performance by the BJP in the elections would help it deflect growing criticism over unemployment and a crisis in the countryside over falling farm prices and wages.

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Elections will also be held for assemblies in Telangana in the south and Mizoram in the northeast.

The BJP has sent top leaders to campaign in Chhattisgarh, including Yogi Adityanath, a firebrand Hindu priest and the BJP chief minister in Uttar Pradesh state.

Also Read: PM Narendra Modi Announces Easier Access to Credit

Adityanath has been appealing to the BJP’s Hindu-nationalist base and on Sunday accused the opposition of blocking construction of a temple for Hindu god Ram on a disputed site in Uttar Pradesh.

The destruction of a mosque on the site by a Hindu mob in 1992 sparked deadly riots across the country. (VOA)