Four Supreme Court judges complain top court not in order

The senior most judges Jasti Chelameswar, Ranjan Gogoi, Madan Lokur and Kurian Joseph said that they had failed to convince the chief justice about the same. Also in question is the case of Kalikho Pul, the former chief minister of Arunachal Pradesh who died of suicide allegedly because of demands made on him by certain judges who he had named in a suicide note, for giving a favourable judgement in his case. Even this morning, on a particular issue, we, four of us, went and met the chief justice with a specific request. That judge - Justice B.H. Loya - was trying Amit Shah, president of the ruling Bharatiya Janata Party, in a criminal case.

The rebellion also sprung from the fact that the bench constituted to investigate Judge BH Loya's death was not above suspicion.

The office of the CJI is one of the most influential offices in the country, and there has been one incident in the Prasad Medical College case, where Senior Advocate, Prashant Bhushan waived an FIR registered against the CJI in Orissa.

Misra has not been accused of taking bribes but was fiercely criticised, including by senior lawyers, for repeatedly intervening to ensure only judges of his choice could hear the matter.

The four judges said they were not resigning and would be back in court on Monday.

The government today made it clear that it was not going to intervene in the issue of four seniormost judges of the Supreme Court dubbing the situation in the top court as "not in order" at a press conference, saying the judiciary would resolve the matter itself. "We are discharging our duty to the nation by telling you what's what". The convention of recognizing the privilege of the Chief Justice to form the roster and assign cases to different members/benches of the Court is a convention devised for a disciplined and efficient transaction of business of the Court but not a recognition of any superior authority, legal or factual of the Chief Justice over his colleagues. The argument is that holding a press conference was a little over-the-top and unbecoming of Supreme Court judges of their stature.

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"The hallmark of a good democracy is an independent and impartial judge".

Earlier, senior leaders called on party President Rahul Gandhi to brief him about the implications of the four senior judges of the Supreme Court publicly attacking Chief Justice Dipak Misra.

Arun Mishra was part of both - the constitution bench and the three-judge bench that dismissed the need for a judicial probe into the issue.

Without disclosing what they were upset about, Justice Chelameswar said a lot of things had been written in the media and it was not a political controversy.

While crying ourselves hoarse over the opaqueness with which the Collegium operates, can we, at the same time, criticize them for attempting to be transparent about how the institution is functioning? The court a year ago discharged top police officers and Mr Shah, who was Gujarat's home minister at the time of the encounter, who were accused in the case.

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