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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
  • 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

Next Story

By Advancing Interdependence, India will Bring New Dawn for Democracy in 21st Century

All citizens must be active participants in shaping the future of India

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Interdependence can be achieved by creating a country in which there is a shared understanding of the value of each citizen and a reliance on one another to eliminate discrimination. Pixabay

In his first speech after winning the election for his second term, Prime Minister Narendra Modi proclaimed that “…we have to win ‘sabka vishwas’ (everyones trust).” What will be required to win that trust is establishing a true state of interdependence. Interdependence can be achieved by creating a country in which there is a shared understanding of the value of each citizen and a reliance on one another to eliminate discrimination, hostility, and prejudice and to provide equality and opportunity for all. All citizens must be active participants in shaping the future of India. They must be equal partners in Indias inclusive economic mobility and in Indias shared prosperity.

Independence Day is the perfect day to highlight the importance of and advance the concept of interdependence. This can be accomplished by promoting the need for a unified India on this national holiday.

The need for doing this is critical. Unfortunately, in the period since the Prime Minister called for winning “trust” in his speech, some Indians have engaged in actions destroying it.

Sadly, the heinous crimes at the beginning of Modi’s second term are nothing new. There were several lynchings and numerous attacks on Muslims during his first term.

Interdependence, India, Democracy
In his first speech after winning the election for his second term, Prime Minister Narendra Modi proclaimed that “…we have to win ‘sabka vishwas’ (everyones trust).” Pixabay

Modi did not speak out vigorously then. He must do so now to demonstrate the essential leadership that will be required to create a state of interdependence. There are other serious conditions that must be addressed as well. To name just a few: sexual violence and subjugation of females continues; the caste system still exists; and, the problematic conditions of those in the weaker sections persist.

By speaking out, Prime Minister Modi can bring the country together to confront the matters that are hardening India’s democratic arteries. He cannot do that alone, however. He will need buy in and support from across the country and the citizenry.

A first step should be to “find our spiritual common ground”. That step can be initiated by recognizing that spirit is the invisible force that brings us together regardless of our caste, race, religion, region or political predisposition. The goal in discovering that common ground should be to create one nation under God. That nation would be an interdependent one and its God would be ecumenical and non-denominational. Its God would be welcoming to all.

As one nation, India would celebrate and embrace the richness of religious diversity

Also Read- BBC Decides to Expand its Shortwave Radio Service in Kashmir to Beat Communications Blackout

As one nation, India would be inclusive and accepting unity over division and hope over fear

As one nation, India would elevate citizenship above angry and mindless partisanship and bring people together to pursue the common good

As one nation, India would be the place known for sharing and caring as opposed to blaming and shaming

As one nation, India would emphasize building bridges instead of constructing boundaries and barriers

Interdependence, India, Democracy
What will be required to win that trust is establishing a true state of interdependence. Pixabay

As one nation, India would ensure that all its people are literate and equipped with the skills to succeed in the 21st century

As one nation, India would extend life lines instead of drawing battle lines

As one nation, India would be a land of big dreams, small treasures, brave people, kind deeds, and tender mercies

As one nation, India would ensure the importance of the freedom of the free press, not to bury it

Also Read- Gold Price May Increase to Rs 40,000 per 10 Gram by Diwali

As one nation, India would be a role model and exemplar for other democracies to emulate

Everyone must play a role in establishing India as one nation. Each citizen should engage in small acts of kindness by reaching out to those less fortunate and to the downtrodden by extending a helping hand and a hand up.

Some people can make special contributions. Religious leaders should promote interfaith dialogue. They should bring people together followers of different persuasions for meaningful conversations. They should promote a dialogue of understanding and a shared sense of community with other faiths. They should call the fact that attack on one faith is attack on all faiths. Political leaders should promote a framework of unity and civility. Civic and community leaders should promote collaboration in problem-solving. They should toil together their creeds to plant the seeds for doing good deeds.

There is no better day on which to resume our journey than Independence Day. There is no better way to make that journey than to chart a course to interdependence. By reaching that destination, India will establish itself as the beacon of hope for democracy worldwide. By realizing that potential, India will bring a new dawn for democracy in this 21st century. (IANS)