No place for ego in judicial institution: ex-CJI

14 January, 2018, 00:37 | Author: Genevieve Gibbs
  • SC judges holding presser on Friday

In a historic move, four top Supreme Court judges addressed a press conference on Friday and questioned the procedure of case allocation by the Chief Justice of India. Hence their stunning press conference. It is learnt that Venugopal advised Misra to show restraint and not respond immediately.

It was "most unfortunate" that four senior judges sent a message that all was not well with the Supreme Court, he had said earlier, and added the issue should have been "sorted out internally".

The Congress leader Mr.Salman Khursheid who had been Union Law Minister and presently practicing lawyer in the Supreme Court of India said this issue should be amicably settled inside the Supreme Court and there should not be any interference in the matter from outside. He also decides on the composition of the bench that will hear a specific case. He was appointed as Permanent Judge of Gauhati High Court on 28th February 2001 and transferred to Punjab & Haryana High Court on 9th September 2010. When reporters asked whether it was related to the case of a lower court judge B. Loya, who died in December 2014 while hearing a high-profile trial, one of the four judges said "yes".

Besides CJI Misra, others in the collegium in accordance with seniority are - justices J Chelameswar, Ranjan Gogoi, M B Lokur and Kurian Joseph.

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At the time of his death, Loya was hearing a case that accused Amit Shah, the president of the ruling Bharatiya Janata Party, of ordering extrajudicial killings when he served as home minister under Modi in the state of Gujarat.

However, the Judges declined to elaborate on the Loya case.

Regardless, the grave situation has presented the need for a system within the judiciary that checks on the absolute authority of office of CJI.

The institutions that have allegedly crumbled and notoriously surrendered its autonomy to certain political ideology includes CAG, CBI, RBI and the Election Commission of India.

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The second is to have all public interest litigation cases listed before the CJI or the next top four judges. "And all four of us are convinced that democracy is at stake and many things have happened in recent past". "It was an internal affair of the judiciary", BJP spokesperson Sambit Patra said.

However, if the Honorable Judges thought that the nation needed to know the interference by political forces, then it's not the internal matter of the judiciary. Sad. exposition of trouble in Supreme Court.

The government yesterday made it clear that it was not going to intervene in the issue. Rasheed has said that the developments are not only detrimental for Indian judiciary but will have vast consequences in the entire subcontinent.

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