A letter written by the four senior-most Supreme Court judges to Chief Justice of India Dipak Misra finds their trouble on the most modern judicial orders and an erosion in the judicial independence of the court.
Justices J. Chelameswar, Ranjan Gogoi, Madan B. Lokur and Kurian Joseph said the letter, written in October 2017, did now not mend matters. Their efforts to convince the Chief Justice to take corrective measures had failed, forcing them to cross public.
The letter said the Chief Justice’s authority, because the master of the roster to make a selection out which Bench should pick out which case, did now not style him a “worthy authority”. “The Chief Justice is generous the first among equals — nothing extra or nothing much less,” the letter said. Yet, they said, “there fill been cases where cases having some distance-reaching consequences for the nation and the establishment fill been assigned by the Chief Justices of this court selectively to the Benches of their preference with none rational basis for such assignment.”
The letter said it did now not are searching to embarrass the establishment by quoting the names of the cases which had been assigned to make a different Benches, where they had been met with mild burials.
The judges said such cases and departure from the tradition of impartiality of the court had damaged the establishment.
The clicking conference follows a most modern judgment of a Constitution Bench, led by Chief Justice Misra, which declared the authority of the Chief Justice of India because the master of the roster.
The Bench held that it changed into once the “uncommon domain” of the CJI, and none quite a bit of, to allocate cases to judges in the court. The Constitution Bench changed into once shaped after a Bench, led by Justice Chelameswar, decided to hear a petition for a resplendent investigation precise into a case of conspiracy to bribe Supreme Court judges in a non-public scientific college case.
The case changed into once decided by a Bench led by the Chief Justice.
The Constitution Bench successfully overruled Justice Chelameswar’s expose to fill the case sooner than him. One way or the opposite, the petition changed into once brushed off by a three-make a selection Bench of Justices R.Okay. Agrawal, Arun Mishra and A.M. Khanwilkar and ₹25 lakh in prices changed into once imposed on the NGO.
The letter also highlighted an expose handed by a Bench of Justices A.Okay. Goel and U.U. Lalit that there be no delay in finalising the memorandum of task (MoP) for appointment of judges to the Supreme Court and the High Courts.
The letter said there changed into once no occasion for Justices Goel and Lalit to cross such an expose when the Collegium had already finalised the MoP and sent it to the authorities on March 2017.
It said the authorities had met the draft MoP with silence, which meant that the Centre favorite the terms of the Collegium. Besides, any recount with the MoP needed to be decided on the Chief Justices’ Convention and by the Elephantine Court, and now not by a Bench of two judges.