Issues raised by SC judges 'internal matter of judiciary'

Lester Mason
January 13, 2018

One of the main issues they raised was Dipak Misra "selectively assigning" cases to benches not including the most senior judges.

SC crisis takes political colour as CPI leader visits Justice Chelameswar's house, Congress says democracy is in danger.

Whatever be the answers, today's chain of events marks a departure from the Supreme Court's stance of keeping its internal workings to itself.

Making a brief statement at a press conference, Gandhi also said that Justice J Chelameswar's remark that democracy will not survive in the country unless the Supreme Court was preserved, was "extremely important" and that it needed to be "looked into carefully". They held a press conference to show the make the nation awake for the Judicial Institution. Unfortunately our efforts failed. We met CJI this morning, with specific request but we could not convince him.

On Friday, Justice Gogoi and the other three senior SC judges said there was no transparency in the selection of judges to try cases, calling it a cause for "serious concern".

Such an incident had never happened in judicial history, he pointed out.

"This is an extraordinary event and it is with no pleasure we are doing this..."

He also said that the words used in the letter released by the judges revealed that they themselves were not happy with coming out in the media with their grievances.

The MoP was formulated on the directions of the Supreme Court in the Second Judges Case of 1993 (Supreme Court Advocates-on-Record Association and Another versus Union of India); a nine-judge constitution bench devised the collegium system of appointments. "This must be guarded against at all cost". The hallmark of a democracy is independent and impartial judges. The son of former Assam Chief Minister Rakhtim Gogoi, Justice Gogoi will be the first judge from the northeast to become the Chief Justice of India before he retires in November 2019. "We are discharging our duty to the nation by telling you what's what".

"Four of us have been telling the CJI Dipak Misra to correct his ways for the sake of the institution". We have spotted things in the last few months. Tried to intervene but to no avail.

The institution wields enormous influence in the South Asian nation and has in the past revoked laws passed by the parliament that it regarded as infringing upon citizens' rights.

However, Justice R.S. Sodhi (retd) did not agree with the way the four judges chose to express their disagreement with the CJI.

"About a couple of months, four of us gave a signed letter to CJI and we wanted a particular thing to be done".

The judge accused Justice Misra of not taking any "remedial measures" on some of the issues which affected the functioning of the apex court that they had raised.

On October 27, a bench of Justices A K Goel and U U Lalit had issued notice to the Centre saying, "We need to consider the prayer that there should be no further delay in finalisation of MoP in larger public interest".

Other reports by Iphone Fresh

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