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emfizz.com January 20, 2018


Judges angry about functioning of India's Supreme Court

13 January 2018, 05:29 | Jan Cross

Supreme Court judges during a press conference in New Delhi on Friday

Supreme Court judges during a press conference in New Delhi

But he had previously also raised issue with the decision of fellow judges.

# Supreme Court Judge J.Chelameswar says, 'All 4 of us are convinced that unless this institution (Supreme Court) is preserved & it maintains its equanimity, democracy will survive in this country, or any country.

"Politics by political parties of the country, outside the judicial purview, trying to drag issues which are internal to the judiciary and politicise that is something which should not be attempted", BJP spokesperson Sambit Patra said".

The clash comes in the wake of a controversial order in November in which the CJI declared that the chief justice "is the master of the roster" having exclusive power to decide which case will go to which judge. They held a press conference and spoke openly about their apprehensions on the imminent collapse of the judicial system following the arbitrary manner in which "cases with far reaching consequences" were assigned to selective benches. "It left us with no choice but to communicate to the nation to take care of this institution".

Senior Congress leaders, including P. Chidambaram, Kapil Sibal and Ahmed Patel, called on Rahul to brief him about the implications of judges' attack on the CJI. The response of the CJI thereon was received on 25.05.2016 and 01.07.2016.

"We tried to collectively persuade the chief justice of India that certain things are not right and remedial measures need to be taken, but unfortunately we failed".

What makes these public revelations all the more surprising is the fact that historically, the working of the highest echelons of the judiciary has been shrouded in mystery.

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At the outset, senior advocate Dushyant Dave representing Bombay Lawyers' Association said the high court was already seized of the matter and the top court should refrain from hearing the issue.

During the press conference, senior judge Justice J Chelameswar said that all their efforts had failed and unless the Supreme Court is not preserved, democracy can not be protected.

A note caution sounded by the four judges was, "Four of us have been telling the CJI Dipak Misra to correct his ways for the sake of the institution".

Justice Gogoi had said that the matter in dispute was decided without even framing substantial question of law. "This must be guarded against at all costs", it said. Not to talk about the chaos that would result from such departure. Karnan underwent a six month jail term which ended in December a year ago. This, he said, was followed by the July 2017 letter to the secretary general of the Supreme Court.

The Opposition, without accusing the CJI, said "this was due to government interference".

"I am in agreement with the objective of the press conference". "It is to discharge a debt to the nation that has brought us here".

Last week, CJI Dipak Misra recused himself from a case related to attaching the properties of Karti Chidambaram, son of former Union minister P. Chidambaram, in connection with the Aircel-Maxis deal case.



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