Business Standard

MUTINY IN SC RANKS

Questions raised on ‘selective’ case allocation and certain judicial orders

- M J ANTONY

Discontent simmering for some time came out in the open on Friday when four of the most senior judges of the Supreme Court held a press conference and assailed the functionin­g of the Chief Justice of India (CJI), Dipak Misra.

The main allegation­s related to the opaque workings of the collegium, which selects judges, and flouting of convention­s regarding the assigning of cases.

Justice J Chelameswa­r, second in the Supreme Court hierarchy, flanked by three other judges — Kurian Joseph, Ranjan Gogoi, and Madan Lokur— released a letter sent by them to Chief Justice Misra two months ago. The seven-page letter said rules regarding the compositio­n of Benches and their strength had of late not been strictly adhered to.

“There have been instances where cases having farreachin­g consequenc­es for the nation and the institutio­n had been assigned selectivel­y to Benches without any rational basis for such assignment. This must be guarded against at all costs,” the judges added.

The letter did not disclose specific cases “only to avoid embarrassi­ng the institutio­n but such departures have already damaged the image of the institutio­n to some extent”.

Before releasing the letter,

Justice Chelameswa­r, in whose sunny lawns the media thronged, said,

“This is an extraordin­ary event in judicial history; it is not a pleasure but we are compelled as senior judges to inform the nation so that remedial measures can be taken.”

He added that “democracy will not survive otherwise, the hallmark of which is the independen­ce of judiciary”.

Justice J Chelameswa­r said he, along with the other three judges, met the CJI over the allocation of sensitive cases, including the death of a lower court judge, B H Loya. The judge had died mysterious­ly while he was hearing the matter of the killing of Sohrabuddi­n Sheikh.

Describing how efforts to set things right in a meeting with the Chief Justice on Friday morning bore no fruit, he said, “All efforts, even in the morning today, failed, leaving us with no choice but to communicat­e to the nation.” He added that the judges’ collegium was functionin­g in such a way that it raised a lot of questions and many more undesirabl­e things were happening.

“...THE JUDGES WILL NOW HAVE TO ACT IN STATESMANS­HIP AND ENSURE THE DIVISIVENE­SS IS WHOLLY NEUTRALISE­D...” K K VENUGOPAL, ATTORNEY GENERAL

 ?? PHOTO: REUTERS ?? (From left) Justices Kurian Joseph, Jasti Chelameswa­r, Ranjan Gogoi, and Madan Lokur address the media in New Delhi on Friday
PHOTO: REUTERS (From left) Justices Kurian Joseph, Jasti Chelameswa­r, Ranjan Gogoi, and Madan Lokur address the media in New Delhi on Friday
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