Monday February 19, 2018
Home Lead Story Is chaos in t...

Is chaos in the ranks of Supreme Court a threat to the Indian Judicial System?

Why did have four apex judges of Supreme Court of India have to go public regarding a matter which could have been solved internally?

0
//
52
SC Judges went in an open dissent against Chief Justice Dipak Mishra by calling a press conference. Wikimedia Commons
SC Judge's open dissent against Chief Justice Dipak Mishra as they called a press conference. Wikimedia Commons
Republish
Reprint

By Salil Gewali

When the judges become noisy plaintiffs, who will deliver the judgment? This was the kind of unprecedented situation that we witnessed last week. Yes, Supreme Court is the last resort where an estimated one hundred and twenty-five crore people repose their faith. We are the public having great faith in democracy. However, when the custodians of the democracy themselves openly roar that “our democracy is in danger”, where do we go? Well, the people of this country had to face such ‘comedy of errors’ enacted by four devious judges — all in the name of expressing displeasure, grievances, more candidly, when the country is ruled by the upright PM Modi whom they dislike.

Also read: Rise of PM Modi and roar of subversive forces

For whatever be the reasons, the stooping low by these judges has led people to lose their faith in the judiciary. Is it not a sort of degeneration because it also showed there is an obvious rift between the protesting judges and the Chief Justice of India. One of the judges had again said that there was no constitutional lapse on the part of the Chief Justice, but the convention, practice, and procedures that he followed while awarding cases to various judges were in question. He was also categorical that they would sort out this issue among themselves and no outside intervention is required. What does one not understand is, why did they “go public” with their internal issue, if they felt, they, themselves could sort it out? Whom were they trying to trick after breaking the established principle of judicial restraint?

Justice Kurian Joseph was one of the four judges who called the press conference. Wikimedia Commons
Justice Kurian Joseph was one of the four judges who called the press conference. Wikimedia Commons

It is very true that some things were not going well within the four walls of our judiciary. But are all things going on, in order, in this great country of ours where political leaders and a certain brand of media fraternity ceaselessly groan and moan? They all overwork to push for their host of devious agendas. They are too alert to something but play deaf and dumb for many other things. These very undesirable acts by these elites that have only been draining the very values of the democracy and national sovereignty.

You may also like: Bride Sale in India: Buy A Wife Policy

Yes, in this particular case, the rule of law itself has been undermined. This has clearly raised the questions of integrity and propriety. What is astonishingly outrageous is the fact that after a short while of the press conference a CPI leader D. Raja rushed to visit Justice Chelameshwar to shake hands. Does it not sound too fishy and unethical? Do we still doubt that it was a preplanned scheme? Who now disagrees that there were not the skeletons in the closet. Very soon they all might frighten us all, nay, the whole nation.

Further, if the learned judges had the solution to their stated issues, was their press conference not tantamount to washing dirty linen in public? Could they not have imagined the adverse effect of their action on the citizenry? However genuine their grievance is, which they may claim, it has invariably dented the very credibility of the Apex Court. The esteem with which people looked at it has now been just eroded.

The Indian system faced a huge crisis on January 12 when 4 senior judges called a press conference to discuss a matter which could have been solved internally. Wikimedia Commons
The Indian system faced a huge crisis on January 12 when 4 senior judges called a press conference to discuss a matter which could have been solved internally. Wikimedia Commons

Read more: Is Islamic inequality a conspiracy against the God?

On the other side, the opportunistic politicians have been too quick enough to feed on the fodder that was generated. As usual, the Congress President Rahul Gandhi lost no time to attack BJP. The CPI leader, D. Raja got his opportunity to make his otherwise obscure presence felt in public. Some other corrupt politicians acted swiftly to get Anuj, the aggrieved son of late Justice Loya in front of TV cameras to “request all to not harass or trouble” the family. Anuj became a pawn in the hands of the high and mighty. Instead of saving the family, in the garb of helping them, the unscrupulous politicians are trying to put them in dire straits. Our greedy and self-centred politicians turn anyone in distress into a pawn in their hands. And they are ingenious in turning any untoward incident into demonic opportunity. If these dishonest politicians have their way, our country will have disaster written all over.

Salil Gewali is the author of ‘Great minds on India’. Twitter: @SGewali

Click here for reuse options!
Copyright 2018 NewsGram

Next Story

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

0
//
26
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