Abril 20, 2018

Need to address issues raised by judges: Rahul

13 Enero 2018, 07:03 | Gerardo Tarin

Arun Mishra and Dipak Misra | Commons

Arun Mishra and Dipak Misra

Four top Supreme Court judges on Friday had taken an extraordinary step when they made a decision to speak to media against the Chief Justice of India Dipak Misra calling the administration in the top court 'not in order. Justices J. Chelameshwar, Ranjan Gogoi, Kurien Joseph and Madan B. Lokur expressed concern about the need to protect the apex institution of the judiciary and said that "for the survival of democracy impartial justices are needed".

The statement earnestly appealed that the Full Court of the Supreme Court should take up the issues raised by the four judges and find solutions that are consistent with the traditions and conventions of the judiciary pointed out by them and that will preserve the independence of the judiciary.

Three are scheduled to retire this year, while Gogoi is in line to be the next chief justice, based on seniority.

The judges did not give specific details of their concerns during the press conference, but said "it is an issue of assignment of a case".

He said the claims made by justices on Central Bureau of Investigation judge Brijgopal Harkishan Loya, who died in mysterious circumstances in 2014, should be investigated. We had no choice but to communicate to the nation to take care of the institution.

He further said, "We tried to persuade the CJI to take steps but failed".

Such an incident had never happened in judicial history, he pointed out.

"This is an extraordinary event and it is with no pleasure we are doing this..." The response of the CJI thereon was received on 25.05.2016 and 01.07.2016.

They were quoted to have added that an independent judiciary is essential for a functioning democracy.

Reuters could not immediately reach the chief justice for comment.

They also accused chief justice of assigning cases to benches of his preference, violating court rules. "This must be guarded against at all costs", it said. She also said that this was not about just individuals, but about the institution in totality. The action drew mixed reactions, with some praising the four judges while others condemning them. Not to talk about the chaos that would result from such departure.

The CJI, for his part, is said to have indicated that he respected every judge and distribution of cases to each of them was done in a "fair manner", keeping the overall load on the judiciary.

"It is very unfortunate", said former CJI K G Balakrishnan, while Congress leader Ashwani Kumar, who is also a senior advocate, observed, "It is a sad day for the judicial system".

This is not the first time that Chief Justice Misra has courted controversy in the recent past.

Asked if the chief justice should be impeached, Chelameswar said, "That's for the nation to decide".

Sources close to the CJI have rejected suggestions that Justice Misra can create problems for Justice Gogoi's elevation, saying he is not vindictive.

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