A letter written by the four senior-most Supreme Court judges to Chief Justice of India Dipak Misra unearths their effort at the most stylish judicial orders and an erosion within 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 not mend issues. Their efforts to convince the Chief Justice to preserve corrective measures had failed, forcing them to head public.
The letter said the Chief Justice’s authority, as the master of the roster to confirm which Bench can fetch to calm identify which case, did not originate him a “fine authority”. “The Chief Justice is handiest the major among equals — nothing extra or nothing less,” the letter said. But, they said, “there fetch been cases the save aside cases having a ways-reaching penalties for the nation and the institution fetch been assigned by the Chief Justices of this court selectively to the Benches of their desire with none rational foundation for such assignment.”
The letter said it did not desire to embarrass the institution by quoting the names of the cases which fetch been assigned to make a desire Benches, the save aside they had been met with calm burials.
The judges said such cases and departure from the tradition of impartiality of the court had broken the institution.
The press conference follows a most stylish judgment of a Constitution Bench, led by Chief Justice Misra, which declared the authority of the Chief Justice of India as the master of the roster.
The Bench held that it became as soon as the “weird area” of the CJI, and none other, to allocate cases to judges within the court. The Constitution Bench became as soon as fashioned after a Bench, led by Justice Chelameswar, determined to hear a petition for an even investigation into a case of conspiracy to bribe Supreme Court judges in a deepest medical college case.
The case became as soon as determined by a Bench led by the Chief Justice.
The Constitution Bench effectively overruled Justice Chelameswar’s describe to fetch the case earlier to him. Within the waste, the petition became as soon as pushed aside by a three-identify Bench of Justices R.Ample. Agrawal, Arun Mishra and A.M. Khanwilkar and ₹25 lakh in charges became as soon as imposed on the NGO.
The letter additionally highlighted an describe handed by a Bench of Justices A.Ample. Goel and U.U. Lalit that there be no prolong in finalising the memorandum of map (MoP) for appointment of judges to the Supreme Court and the High Courts.
The letter said there became as soon as no occasion for Justices Goel and Lalit to high-tail such an describe when the Collegium had already finalised the MoP and despatched it to the manager on March 2017.
It said the manager had met the draft MoP with silence, which meant that the Centre licensed the terms of the Collegium. Besides, any recount with the MoP had to be determined at the Chief Justices’ Conference and by the Corpulent Court, and never by a Bench of two judges.