Congress concedes defeat in CJI Removal Case
The entire process of impeachment and this petition were mainly due to the 12 January 2018 Press Conference of Justice Chelameshwar and other Judges of the Supreme Court.
Asking the Constitutional bench, its ‘Authority’ is like a complainant before a police officer, asking him to produce his appointment order for lodging his complaint. It is now very clear that if judges are eager to face and promote himself before media they should have resigned and joined the politics. Congress wanted to damage judiciary trust and sought for success. But the National party will have to withdraw the case because they did not get the judge they wanted, whom they back to cause dissension in public. It was indeed a shameful action trying to destroy everything that is democratic and only wanted show off by the dynasty family.
It was all Topsy turvy in judicial system. With all respect to Supreme Court, with all this fiasco the respect for Supreme Court and its judges has been lost. Judges voicing concern in public, politicians airing views on judges in public and lawyers taking sides with judges we do not know where are we heading in this country. Withdrawal of the petition even at this late stage is welcome. But, damage has already been done. The credibility of the institution suffered a severe blow. All parties to the trouble should make an introspection and restore dignity and decorum of the institution.
The people’s representatives belonging to any political party must start thinking how best they can serve the nation in a decent way. The opposition parties and ruling party involve in criticism against each other and do nothing and this trend is not good at all. Let these so called representatives both at Centre and States do some deep thinking in this regard.
The fact of the matter is both the CJI and the other top Five judges cannot hear the case. Though the case is against the CJI, the entire process of impeachment and this petition were mainly due to the 12 January 2018 Press Conference of Justice Chelameshwar and others. Under the circumstances only the next five senior judges alone can hear the case. There is nothing wrong in referring the matter before the Bench headed by Justice Sikri.
Having filed the petition the Congress lawyer should have argued the matter before the Bench headed by Justice Sikri. By withdrawing the petition they have done more disservice to Justice Chelameshwar and other
senior judges. Needless to say, the image of the CJI and Supreme Court were already tarnished by these people.
At last good sense prevailed. Let the Congress leaders at all levels know what is to be taken up with Government or any other forum. The opposition parties are not getting any sympathy from the general public because of their fallacies. These parties levelling charges against ruling party and ruling party levelling charges against opposition has become a routine. The news and social media also not reliable as they are much interested in their ratings.
We have heard of miscarriage of justice. We have heard litigants going before a particular bench or judge. But choosing the judge to hear the petition against himself/herself is unimaginable and surely against the hallowed principles of natural justice. In the Constitution of a constitutional bench, application of mind is seen. Is it right and proper to stick to procedures when the very honour and integrity of the institution is being questioned? Positively, a constitutional office is above the person that comes to hold it. For we are a republic. The invisible king is the unseen citizen that votes.
The irony of Indian politics, opposition parties are directionless raising fruitless issues in countries center stage. Rather they would have to raise their voice for inclusive growth of Indians. They are killing the value of our politics. In fact they would have to prepare the road map for our citizens. But it is sorry to say that they are fighting just like corporate companies to sell their products. Now the people of India is much awaken, as they have significantly developed the new ideas whereas the politicians are still behaving in feudal era. They are killing the real spirit of democracy.
Citizens wish that role of judiciary should never be politicised and in future no situation arises when impeachment of Chief Justice of India has to be thought of. Let the MPs first attend Parliament, do their job for which they were elected instead of fighting with government, judiciary and everybody on the way. The Congress knew that it did not have the numbers in the constitutional bench formed to look into their case.
The saga continues, with nothing substantive getting resolved to restore People’s trust in the workings of the court. Just more questions being raised. What is heartening to note is that both sides are relying on the integrity of the Constitution to support their individual positions. What is disheartening to note, however, is that the reputation of the institution, which is based on public trust, has been mauled badly. The entire episode validates the belief so enshrined in the Constitution that politicians must stay away from meddling in the affairs of the courts, and that the judges too must keep their noses clean. Current outcomes speak for themselves.
For the citizens, it must become clear that they actually own the Constitution, and that they have a responsibility to think through the spirit of the Constitution and defend its’ integrity, while refraining from supporting partisan politics that adversely affect the foundation of the country.
We have heard of miscarriage of justice. We have heard litigants going before a particular bench or judge. But choosing the judge to hear the petition against himself/herself is unimaginable and surely against the hallowed principles of natural justice. In the Constitution of a constitutional bench, application of mind is seen. Is it right and proper to stick to procedures when the very honour and integrity of the institution is being questioned?
Such incidents tarnish the image of Supreme Court.