‘This casts a shadow on CJI’: Supreme Court judges’ press conference evokes mixed reactions
The four most senior justices of the Supreme Court held an unprecedented press conference to speak out against a ‘crisis’ in the court.
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After four senior Supreme Court judges spoke out against the administration of India’s top court, several senior lawyers and lawmakers reacted saying it was time the chief justice addressed the issue.
Justice J Chelameswar, who is lower in seniority only to Chief Justice of India Dipak Misra, said the Supreme Court owed a responsibility to the institution and the nation.
He was joined by three other judges, Justice Rajan Gogoi, Justice Madan B Lokur and Justice Kurian Joseph, who all said they were speaking out now so that “democracy survives”, as their attempts to get the chief justice of India to address a crisis had gone unanswered.
‘Historic’ move
Senior advocate Salman Khurshid said there must be “a sense of agony that the highest court of the land should come under such stress that forces its judges to address the media”, while senior lawyer Prashant Bhushan said the development has “cast a huge shadow on the chief justice”.
Former Chief Justice of India RM Lodha told NDTV that Misra should have “addressed and solved” the judges’ grievances. He said, “The image of judiciary has been dented and it will take a long time to repair it.”
Indira Jaising, another Supreme Court advocate, called the press conference “historic”. “I think we, the people of India, have a right to know what is going on within the judiciary,” she said.
“We cannot criticise them,” Bharatiya Janata Party leader Subramanian Swamy said, according to ANI. “They are men of great integrity and have sacrificed a lot of their legal career, where they could’ve made money as senior counsels. We must respect them,” Swamy said, adding that Prime Minister Narendra Modi must ensure the four judges, the chief justice and the entire Supreme Court discusses the issue.
We can't criticize them, they are men of great integrity & have sacrificed a lot of their legal career, where they could've made money as senior counsels. We must respect them. PM must ensure that the 4 judges & CJI, in fact whole SC come to one opinion & proceed further: S.Swamy pic.twitter.com/dYj6MJPhkO
— ANI (@ANI) January 12, 2018
Deeply sad & pained, also feel a sense of agony that highest court of land should come under such severe stress that forces judges to address the media: Salman Khurshid, senior advocate on press conference by 4 Supreme Court judges. pic.twitter.com/vtGg2JRQYJ
— ANI (@ANI) January 12, 2018
"It is certainly a very serious development which has cast a huge shadow on the Chief Justice. Somebody had to confront the situation, where CJ is blatantly misusing his powers, hence the unprecedented step": Prashant Bhushan, lawyer & politician pic.twitter.com/Mrv5BZPjSk
— ANI (@ANI) January 12, 2018
I think it's a historic Press Conference. It was very well done. I think we, the people of India, have a right to know what is going on within the judiciary & I welcome this: Indira Jaising, Supreme Court advocate on PC by 4 Supreme Court judges pic.twitter.com/0Mav1DzmjI
— ANI (@ANI) January 12, 2018
Former Supreme Court judge AK Ganguly told News18 he was “distressed” by what had happened. He added, “The government is caught in a fix. This is an internal issue of the judiciary. Government has no say in the judiciary.”
Former Law Minister Hansraj Bharadwaj said the allegations made by the judges is a loss of prestige for the entire institution. “If you lose public’s trust, what remains?” Bharadwaj told ANI. “Judiciary must remain the pillar of democracy. It is the responsibility of the law minister to see how it functions.”
Alok Prasanna Kumar, senior resident fellow at Vidhi Centre for Legal Policy, said the four judges are asking for an institutional remedy. “They are saying there are rules made for a certain reason. In the second part of the letter, there is an unsaid implication that the chief justice is letting the government walk all over the institution. It shows that whatever happened in the Medical Council of India [case], this is not just one judge against another judge. They do not want judges fighting in the corridors of court”.
He added that the top court’s judges have never protested in such a public manner before, pointing out that when former Prime Minister Indira Gandhi, in 1974, had superseded 3 judges to appoint a chief justice, the senior judges had resigned.
‘Bad precedent’
Others said the press conference set a “bad precedent” and was “immature and childish”.
Soli Sorabjee, the former attorney-general, said he was “upset” about the press conference. “I wish the four Supreme Court judges hadn’t done this. This will have severe repercussions on judiciary.”
Senior lawyer Ujjwal Nikam said, “From now on every common man would look at all judicial order with suspicion.” It sets a bad precedent, he said.
“I think all four judges should be impeached, they have no business to sit there and deliver verdicts anymore,” retired Supreme Court Justice RS Sodhi told The Indian Express.
“Four get together and show the chief justice in a poor light. It is immature and childish behaviour,” Sodhi said, adding that such “trade unionism” was wrong.
This is a black day for Judiciary. Today's press conference would cause a bad precedent. From now on every common man could look at all judicial order with suspicion. Every judgement will be questioned : Ujjwal Nikam, senior lawyer pic.twitter.com/lIPabrRNjS
— ANI (@ANI) January 12, 2018