Need to fix system, not impeach CJI, says Justice Chelameswar

Jasti Chelameswar of the Supreme Court said on Saturday that he hoped justice Ranjan Gogoi will not be overlooked for the post of chief justice of India (CJI) for taking part in an unprecedented press conference on January 12 where the four senior-most judges aired their differences with CJI Dipak Misra over allocation of sensitive cases.

The second senior-most SC judge also said moves by some opposition parties to seek the impeachment of Misra were not a solution and called for debate on a restructuring of the country’s top court. He also ruled out seeking government employment after he retires on June 22.

“I am not an astrologer who can predict if Justice Gogoi will be ignored for the post of the next chief Justice of India. I hope this will not happen,” Chelameswar said at an event on ‘The role of Democracy’ organised by the Harvard Club of India in Delhi.

“But if it happens, it will prove that the problems that were pointed out in the January 12 press conference were correct.”

Chelameswar was responding to a question whether Justice Gogoi’s chances of being made the next CJI, after Misra retires in October, would be scuttled for being a part of the press conference that focused on lapses in the Supreme court’s functioning. Besides Chelameswar and Gogoi, justices MB Lokur and Kurian Joseph attended the conference.

On Saturday, justice Chelameswar spoke about with senior journalist Karan Thapar was the contentious issue of the power exercised by the CJI as the master of the roster. He said “this power has to be exercised for achieving some public good” and not “just because it is there”.

Citing the case of disproportionate assets amassed by late former Tamil Nadu chief minister J Jayalalithaa, he said, “The case was assigned as per roster. The judgment was reserved for a year. What purpose was served?”

On Prasad Education Trust case, he said, “I am still struggling with ... what was it that required the reversal of the orders passed by me. I did not pick up the case.”

On some political parties introducing an impeachment motion against the CJI, Chelameswar said, “I do not know why the nation is obsessed with impeachment. Impeachment can’t be an answer to everything. There have to be other mechanisms in place.”