Business Mantra News
Four Judges of the Supreme Court Justice Chelameswar, Ranjan Gogoi, Madan Lokur and Kurian Joseph spoke in a Press Conference on January 12, 2018 and expressed their dis-satisfaction against style of working of the Chief Justice of India Deeepak Mishra.
While calling a press conference all the four Senior Judges of the SC have shown courage to censure the CJI and alleged him to be biased while assigning matters of the sensitive nature to the other benches of the SC and not adhering the norms & conventions of administrative and management functions of the apex Court.
The Judges said that by shielding Democracy was an imperative requirement to protect the judicial system of the country. They have brought concern over the lack of transparency in allocation of matters to Judges & selection of Judges of Bench for hearing the matters of Supreme Court. The four Judges warned the nation that this lack of transparency and impartiality would endanger the democratic system of the county.
But there may be many questions regarding the creditability, reliability and image of SC:
1. Were the four judges right to act in this manner by directly talking to press instead of sorting out the matter across the table with CJI?
2. Is this move of unprecedented revolt against CJI by Senior Judges of Apex Court conducive?
3. Is it not the precedent for the last 5-6 years that the sensitive issued are heard in the court of CJI?
4. Has this act of four judges not tarnished the image of SC nationally/internationally?
5. Will it not be considered as direct attack on the working of CJI who has certain privileges and prerogatives to keep sensitive issues with himself for hearing?
6. Were the four judges justified in interfering in the affairs of legislature i.e democratically elected Government of India?
The moment of four judges against CJI of the highest Judicial Institution of India was not desirable. This move could be fatal for the judicial sovereignty as it would encourage others to question the legitimacy of the judicial decisions and precedents. Supreme Court is the highest court of the Country and if protest is brought by the judges of the Apex Court within then the question might have been raised in future towards the impartiality and credibility of the country’s Apex Court. It is not only the question of reliability of the Apex Court while the functional spheres of three important pillars of democracy have also been encroached which would put into danger the constitutional structure of the country.
The Former CJI KG Balakrishnan said that the outburst of judges was unfortunate. While the Attorney General KK Venugopal regretted the move of judges by saying that “I wish that four SC Judges hadn’t done this. This will have severe repercussions on the judiciary”
The SC is the highest judicial body and is well known to protect judicial integrity of the nation. Such revolts may diminish the veracity & firmness as well image of the apex court not only within country as well across borders also.