CONG ACCUSES GOVT OF TRYING TO PACK COURTS WITH OWN JUDGES

Decries Modi's 'revenge politics'

The Congress on Thursday levelled a direct charge on the Modi government that it wants to pack the Supreme Court and the High Courts with own or pliable judges who toe its line.

Its senior leader Kapil Sibal told a Press conference here that the government's refusal to elevate Uttarakhand High Court Chief Justice K M Joseph to the Supreme Court as recommended by the collegium is just one example.

He pointed out that the collegium had clearly stated that Justice Joseph is "more deserving and suitable in all respects than other Chief Justices and Senior puisne Judges of High Courts for being appointed as Judges of the Supreme Court of India."

On Law Minister Ravi Shankar Prasad taking the stand that Justice Joseph is not the seniormost in the allIndia list, Sibal, who is also a senior advocate alike Prasad, said the minister should show when the all-India seniority has been the criteria in promotion of the judges. He also dismissed Prasad's claim of rejecting Joseph's case on the ground of equitable representation to the states.

"If you do not want to appoint somebody, have the courage to say I will not appoint him. Why try to make a fool of the public," he added.

Accusing the government of interfering in the judiciary, Sibal said: "The law is quite clear that only the collegium will decide whom to appoint as the judges, but the government is bent upon ignoring its recommendations, keeping them pending and not appointing unless the persons are of its liking."

"That is why we have been saying for the past many months that India's judiciary is in danger and the democracy will come in danger unless our judiciary defends its independence in one voice that enough is enough," he said.

He said the government is so adamant that the vacancies in the High Courts have piled up to 40% of the total strength as there are 410 vacancies as against the total sanctioned strength of 1079. Only the people suffer as fewer judges means much longer time to get justice.

The Congress on Thursday feared “totalitarianism will stump democracy if the nation doesn't rise in unison now” against the Modi government's attack on Parliament, independent media and the judiciary.

“PM Modi's 'revenge politics' qua judiciary & 'conspiratorial suffocation' of Supreme Court exposed again," says Congress communication chief Randeep Singh Surjewala on the government clearing senior advocate Indu Malhotra to be sworn in as a Supreme Court judge on Friday but not Uttarakhand High Court chief justice K M Joseph recommended by the collegium headed by the Chief Justice of India.

He tweeted that "Justice Joseph is India's Sr most CJ. Yet Modi Govt refuses to clear his elevation to SC as retribution for quashing presidential rule in Uttrakhand?

"Modi Govt is a habitual offender of trashing 'judicial integrity' & 'constitutional supremacy' of institutions. In June 2014, they refused to clear noted jurist G.Subramaniam's name for elevation to SC as he was a lawyer against Amit Shah & Co."

Citing how institutions after institutions being destroyed or paralysed by the Prime Minister, Surjewala gave three examples:

1. Modiji shredded Parliamentary privileges & supremacy;

2. He road-rolled independent media; and

3. Democracy's last refuge i.e. Judiciary is now under most vicious attack ever.