SUPREME BATTLE
JUDICIAL RIFT Four senior judges complain of ‘selective allocation’ for important cases ‘DEMOCRACY AT STAKE’ Urged CJI Misra to take steps but have failed, judges tell press ‘INTERNAL MATTER’ Govt says judiciary must sort out issue; charges disturbing: Co
We do not want people to say 20 years later that all four seniormost judges sold their souls... JUSTICE CHELAMESWAR, Supreme Court judge
NEW DELHI: Simmering differences in the Supreme Court of India bloomed on Friday, with four senior judges publicly criticising the Chief Justice of India (CJI) for his style of administration and over the allocation of cases.
The unexpected press conference, and the not entirely surprising revelations in the statement issued by the judges, resulted in lawyers, politicians, and analysts taking sides, with some insisting that the judges should not have gone public and others countering that they had no other option.
Justice Jasti Chelameswar, who along with Justices Ranjan Gogoi — tipped to be the chief justice after CJI Dipak Misra retires in October — MB Lokur and Kurian Joseph called the conference, said they had been “compelled to call” the conference. “This is an extraordinary event in the history of the nation, more particularly this nation... The administration of the Supreme Court is not in order and many things which are less than desirable have happened in the last few months,” he added.
All the four judges, the four seniormost in the apex court after the CJI, are part of the collegium that selects judges to the top court and high courts.
The judges said they were forced to speak in public, breaking the settled principle of judicial restraint, because the CJI did not take steps to redress their grievances, which were first raised two months ago. “We wrote a letter to him and tried to persuade the CJI to take steps but failed. A request was made to do a particular thing in a particular manner but it was done in such a way that it left further doubt on the integrity of the institution. Unless the institution of Supreme Court is preserved, democracy won’t survive in this country,” they said.
People close to the CJI refuted the allegations. “All judges in the top court are equal. Work is allocated fairly. A particular judge cannot say he should be given a specific case for hearing. Judicial work is assigned as per the settled procedure,” the person said.
Friday’s events could have a huge impact on the functioning of the higher judiciary, particularly the constitution of benches, appointments to the high courts — most of which are understaffed — and the credibility of the top court.
The tipping point for the four judges seems to be the case of Judge Brijgopal Loya. Two petitions demanding a fair probe into his mysterious death were listed before a bench that is headed by a judge who is 10th in terms of seniority. They said a matter as serious as this should have been heard by someone more senior.