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Friday, January 12, 2018

Apex Judiciary's bickering reach to public; four senior SC judges take on CJI at press conference

By on Friday, January 12, 2018
It is first ever day in Indian history when the four Supreme Court senior judges come before the media. It shows that something is not going well among Apex judiciary of India.
J. Chelmeshwar has said in a press conference that everything in the administration of apex court is not going well, if it so kept, the democratic situations shall not be good. He said that we talked with the CJI on this issue, but he didn’t heed over our talk.
They publicized the letter they had written to the CJI, Deepak Mishra. The points which they had mentioned are as follows.
It is true that the CJI has rights to make roster of cases. However the power has been conferred to run the working and to maintain the discipline in SC. It does not delegate him the power of senior authority. The CJI cannot gauge himself higher than their colleagues. According the constitution, CJI is first in file than other judges, but he is neither higher nor lower than any judges.
This fundamental rule was not complied recently, they alleged. Many important cases which could affected to the country and judiciary system itself in long term have been given to the loving benches; however it was expected that the cases should have been allocated under logical way.
Justice Chelmeshwar and other judges have mentioned in their letter that they are not giving more details in this reference because it may get the apex court more tarnish; however this behavior has already hurt to a little extent to the dignity of Supreme Court.
Justice Chelmeshwar and other three judges have mentioned in his letter about RP Luthra’s case. All four judges have demanded that it is essential that there must have no more delay to finalize the memorandum of procedure.
The judges through this demand have attracted the attention of that serious concern of which the posts in high courts are lying vacant. the high court and supreme court had issued notice  to the Union Government on 27 Oct 2017 for delaying in memorandum of procedure for the appointment of judges in HC and SC.
Luthara had challenged in high court for the appointment of judges in HC and SC without MOP. He had again filed an application in Supreme Court after the dismissal of writ petition in High Court. Supreme Court and the Union Government both are trying to finalize the MOP since last year.
Judges posed the question that when the case, Supreme Court Advocate (on record association) and others Vs Union of India(2016), was dealt with constitutional bench, how could the right of dealing by other bench in Luthara matter have been assigned?
Four judges including Justice Chelmeshwar have said in their letter to CJI Deepak Mishra that when he shall let deal enough with the linked subjects of Luthara case, the other cases’ disposed earlier by the court, on the need, shall be informed.
Justice Chelmeshwar and other judges in their letter have mentioned about retired justice Karnan who, after 6 months imprisonment in the case contempt of Supreme Court, was released.
Justice J Chelameshwar and Justice Rajan Gogoi had said in their separate judgments on 4th July 2017: “Whatever the problem has created, he opines that the selection procedure is adopted in the judges' appointment for the constitutional court should be again reviewed. There must be brought in consideration other lawful option to deal with such matter besides impeachment.”

The judges have demanded through their letter that Chief justice Deepak Mishra’s duty is to take action in these matter and whatever the mistakes were done earlier should be correct; talk with other judges in collegiums and on the need he can take the advise with other friendly judges and take corrective actions in these matter.

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