13 January,2018 10:43 AM IST | Mumbai | Hemal Ashar
Four senior judges of the Supreme Court yesterday mounted a virtual revolt against the Chief Justice, listing a litany of problems that they said are afflicting the country's highest court and warned that these could destroy the Indian democracy.
In a scathing criticism and unvarnished self-reflection of the Supreme Court, Justice J Chelameswar, who was accompanied by Justices Ranjan Gogoi, M B Lokur and Kurian Joseph at a press conference, said they had met Chief Justice Dipak Misra yesterday morning and "raised issues affecting the institution".
He said all the four judges "failed to persuade the CJI that certain things are not in order and, therefore, he should take remedial measures". Their joint news conference left the judiciary and observers stunned, leaving it uncertain how this open dissension in the hallowed institution would be resolved.
A senior member of the Bar, advocate Shreepad Murthy, said, "For a while now, discontent was simmering amongst the higher and lower judiciary; yesterday, it boiled over. The question always was: who is going to bell the cat? I think whatever happened may set in motion a chain of events that will bring about some change, which is needed after 60-70 years. Yesterday may be the catalyst for that; whatever the case, it is certainly a beginning of sorts."
Legal eagles give their take
Vivekanand Ajgaonkar, advocate, Bombay High Court
'This is a sad development and ought not to have happened. It puts a question mark over the institution. I agree with the widely used 'unprecedented' to describe what happened, and I strongly feel that things should have been sorted out before they were allowed to get to this stage. Right now, I don't think it is opportune to speculate on what signals this sends out to the entire judiciary, and I think 'mutiny' is too strong a word to be used for what these four judges have done.'
Ashwin Ankhad, advocate, Bombay High Court
'This has stunned the Bar at Mumbai, unprecedented in judicial history. In 1973, when three Hon'ble SC judges were superseded in the appointment of the Chief Justice of the SC, they had honourably resigned. Tremors were felt then too, but it was within the institution. It is too early though to assess the impact on the Bar.'
Raju Moray, activist-lawyer, counsel, Bombay High Court
'The institution is bigger than the individual. The Chief Justice is the first amongst equals. He is the master of the roster. I see this as a huge ego clash. If the senior judges had a bone of contention, it is not their place to take it to the public. If you are not satisfied with the way your washing machine is washing clothes, do you mean to say you will wash your dirty linen in public?
This demolishes the integrity of the institution and dents its esteem. This shakes the public's faith in the institution, and this is a way to damage its credibility. The damage can be only done from the inside, because if it is done from the outside, it will amount to contempt. I see this as a prelude to disregarding the court's orders. This is like doing 'forum shopping'.
Democracy is at stake here and this leaves the door open for those with political clout to 'fix' benches for particular results. What is the point of walking out of the Chief Justice office and going straight to the media and public? And now, if you have done that, come out clean and come out straight about your accusations. Do not talk in clichés, as these judges are doing. Point straight to the corruption, do not talk in riddles.'
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