In an unprecdented move four judges of the Supreme Court of India went public with their grievances against the Chief Justice of India, Dipak Misra by holding a press conference. They said democracy in India is at stake.
NDTV reported:
They said that repeated attempts to alert the Chief Justice to their concerns -including a meeting with him this morning- failed to make any progress which is why they decided to voice their complaints publicly. An independent judiciary is essential for a functioning democracy, they said. When asked if they believe the Chief Justice should be impeached, they said, “We are nobody to decide, let the nation decide. “
The press conference was held at the residence of J Chelameswar, who is the top court’s second-most senior judge after the Chief Justice. “We owe a responsibility to the institution and the nation. Our efforts have failed in convincing the Chief Justice to take steps to protect the institution,” he said.
The judges (the others who addressed the media were Justices Ranjan Gogoi, Madan Lokur and Kurien Joseph) refused to elaborate on their grievances stating that a signed letter given by them to Chief Justice Misra would soon be made available to the media.
The letter can be downloaded here
In December, Justice Chelameswar clashed with the Chief Justice over a case he was hearing. The Chief Justice re-allocated the case; four other judges agreed with him in declaring that he alone is the “master of the roster” which means he has the sole authority to decide who hears what case.
The case that was reallocated involved alleged corruption within the judiciary. At that time, some lawyers said that the Chief Justice should not have transferred the case to a bench that includes him because he was hearing a linked matter.
Meanwhile Vinod K. Jose, Executive editor of the the Caravan magazine who broke the sensational Judge Loya death story tweeted, “It is Justice Loya’s case. The four most respected judges in the SC this morning went to the CJI questioning the allocation of justice Loya’s case to a junior judge of questionable reputation. Unconnected perhaps,Loya case was withdrawn by petitioners crying they don’t have trust”
It is Justice Loya’s case. The four most respected judges in the SC this morning went to the CJI questioning the allocation of justice Loya’s case to a junior judge of questionable reputation. Unconnected perhaps,Loya case was withdrawn by petitioners crying they don’t have trust
— Vinod K. Jose (@vinodjose) January 12, 2018
CPI Mohammad Rafi posted in their Facebook handle raised the same doubts:
https://www.facebook.com/chairmanrafi/posts/1558046090953000
The Ghost of Judge Loya and the Indian Republic
The four senior Supreme Court judges coming out against the Chief Justice Dipak Mishra is both a sign of great hope and also despair. Hope, that at least now there will be a great transformation of the Indian judiciary for the better, doing away with corruption and more than that cowardice on the part of the institution in dealing boldly with important cases of far reaching national significance.
The despair comes from the distinct possibility that these four brave men will be dismissed as being ‘publicity hungry’, ‘frustrated’, ‘politically motivated’. With a pliant media and those in power determined to subvert Indian democracy the chances are that this perhaps the last gasp of the independent Indian judiciary. And with that we can also expect the demise of the Indian Republic as it turns 78 years old – already older than the average life expectancy of citizens in this country.
However, whether that happens or not depends on how the people of India respond – or more precisely how you and me react.
Special CBI judge B.H. Loya, who was hearing the Sohrabuddin Sheikh encounter case, died of a cardiac arrest in Nagpur on December 1, 2014, when he was attending the wedding of a colleague’s daughter.
The issue came under the spotlight in November last, after Caravan broke the story quoting his sister, fuelled suspicion about the circumstances surrounding his death.
A total of 23 accused, including police personnel, are facing trial for their involvement in the alleged fake encounter of Sohrabuddin Shaikh, his wife Kausar Bi and their associate Tulsidas Prajapati in Gujarat in November 2005.
The case was later transferred to the CBI and the trial was shifted to Mumbai.
A public interest litigation petition, seeking a probe into the judge’s death, was also filed before the Bombay High Court on January 8 by the Bombay Lawyers’ Association.
It appears 4 SC judges have ganged up against CJI to malign his name and with some other ulterior motive as going to public has no meaning because Judges are not appointed by election or by public opinion. If they are not happy for any reason they could have approached AG to redress their grievances OR they could have put in their papers stating particular grievance as reason for resignation. They have just maligned the Judiciary System for which people have tremendous respect and faith. These 4 judges have shaken that respect and faith. Ashamed of them.
There is nothing wrong in Supreme Court Justice Kurian Joseph, Justice Chelameswar, Justice Ranjan Gogoi and justice Madan Lokur addressing the media to tell the nation that there is something rotten in the administration of the apex court. It was almost for the same reason that Justice Karnan had to spend six months in Jail and Justice Loya’s case of his suspected death is being driven to unsolicited destination.
Who should deal with what case is not a matter of ‘justice’ but apparently a matter of ‘prerogative’ is now in public.
Are these four judges ‘entitled’ to the same contempt of court proceedings which Justice Karnan was ‘blessed’ with?
This is the last Nail in the Coffin of Indian Democracy — In fact India was never a Democratic Country — It was always a Hindu Rashtra hiding behind the Veil of Indian Democracy — Because you can see Justice meted of to various section of Society in this Country — Very soon India will be declared a Hindu Rashtra and Ram Temple will be built — Mandate is for fulfilling these two agendas — Indian Muslims and Minorirty have to keep quiet as their survival depends on the Goodwill of the Hindu majority and also most of them are converts from the Lower Caste —
Judiciary has been weak and political manipulations were going on for more years. Their coming out reflects the rift within …. This may have long – term repercussions in future ..!!