tiptrot.com April 19, 2018

Everything we know about the Supreme Court judges' rebellion

14 January 2018, 12:07 | Bernice Figueroa

ReutersJustices Kurian Joseph Jasti Chelameswar Ranjan Gogoi and Madan Lokur address the media

Justices Kurian Joseph Jasti Chelameswar Ranjan Gogoi and Madan Lokur address the media

New Delhi: The Congress party on Friday said the unprecedented media outbursts by the four sitting Judges of the Supreme Court was "disturbing" and demanded a probe into the death of Justice BH Loya at the highest level of the apex court.

"This is what all of us at the bar want and I am sure that the judges, including the CJI, will rise to the occasion", he said, but declined to come out with details of his deliberations with the CJI and others.

"A day after four senior most judges of the Supreme Court accusing CJI of allocating of cases with far-reaching consequences to select benches, the SCBA, as an immediate solution, urged the CJI to assign all PILs â€" even those put for hearing on January 15 â€" to the court of first five judges including the CJI.

He, however, did not elaborate. Asked if they believed the Chief Justice should be impeached, they said, "Let the nation decide".

"There will be no constitutional crisis and there are only problems in procedures and that will be corrected", Justice Kurian told reporters. The letter, that was released to the press, was sent a couple of months back, Justice Chelameswar said.

Congress president Rahul Gandhi has said that views expressed by four serving Supreme Court Judges in Delhi yesterday are serious and can't be neglected.

"A necessary corollary to the above mentioned principle is the members of any multi-numbered judicial body, including this court, would not arrogate to themselves the authority to deal with and pronounce upon matters which ought to be heard by appropriate benches, both composition-wise and strength-wise with due regard to the roster fixed", they wrote in the letter. "It was done in such a way that it raised further doubt about the integrity of the institution", he said.

What irked the top legal luminaries of the country against the four judges is that they went to the press instead of trying to resolve the matter internally. These four are part of the collegium that recommends high court judges.

She said the intention of the press meet was "to build a consensus to owe a debt of duty to the institution as a whole and ensure that this institution survives for you and me". Judges are persons of wisdom and statesmanship and experience. It clearly indicates that the Judges were aware that a solution could not be found within the restricted area because of the external influence of the government.

"We have a meeting at 5 pm today (Saturday)".

Amid concerns over a rift in India's top court, Prime Minister Narendra Modi's principal secretary, Nripendra Misra, was seen on Saturday morning driving to the CJI's residence. This followed a debate led by senior lawyer Prashant Bhushan who was the petitioner in Medical College case in which Dipak Misra was named in the FIR. Senior party leaders Ahmed Patel, AICC general secretary in-charge of Maharashtra Mohan Prakash and its chief spokesperson Randeep Singh Surjewala were also present.

Their decision came after a meeting on the wake of unprecedented press conference by 4 senior Supreme Court judges on Friday, where they questioned the conduct of the CJI and claimed that their efforts in convincing the latter to take steps to protect the institution have gone in vain. The four judges had tried to meet the CJI to prevail upon him to take corrective action and not assign cases arbitrarily but in vain.

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