Something quite unprecedented in India’s history happened on 12th January 2018 – four senior Supreme Court judges of India held a press conference and spoke out against the way the SC was being administered among other things. The event is significant not only for being unprecedented but for the underlying reasons that caused the senior most members of India’s judiciary to take this extreme step.
Four sitting justices of the Supreme Court - Justice J Chelameswar, Justice Ranjan Gogoi, Justice Madan Bhimarao Lokur and Justice Kurian Joseph held a press conference at the residence of Justice J Chelameswar. This was an ‘extraordinary event’ triggered by the judges feeling compelled to because the ‘administration of the Supreme Court is not in order’.
Differences with the Chief Justice Dipak Misra had resulted in the aggrieved judges addressing a letter to the Chief Justice. However, when this did not convince Justice Misra; that steps needed to be taken to protect the institution, the judges felt constrained to take this extreme step.
The judges came out with their grievances because they felt that if things remained unchecked, the way they currently are, this could have far-reaching consequences for the country. Matters are assigned arbitrarily and unfairly by the CJI, often important, sensitive cases are being assigned to junior judges. The text of the 7-page letter that had been addressed to the CJI previously was released to the media.
In the press conference, the judges were asked whether the matter relating to the mysterious death of CBI judge B H Loya was an also one of the reasons for this event; the answer was in the affirmative. In December 2014, Judge Loya had been hearing the case of a judicial killing wherein the BJP President was one of the accused. In the matter, there are many allegations including bribery, the death of the judge under mysterious circumstances as well as the swift and surprising acquittal of Shah within weeks of the judge's death. An independent inquiry was set up to probe the death of Judge Loya; however, the matter was assigned to junior judges.
Other issues raised by the judges related to the processes for selection and promotion of judges, and the requirement for greater transparency. The importance of separating the judiciary from the government and the importance of maintaining the independence of the judiciary was stressed.
The appointment of Justice Dipak Misra as Chief Justice was seen as unfair and objectionable by many at the time of his appointment. Not only was seniority an issue, some lawyers had also pointed out the inappropriateness of the appointment in view of the Justice Misra hearing a bribery matter that he himself was linked to previously.
The ruling BJP has said that they would not be interfering in the matter as this was “an internal matter of the judiciary”. Some former judges and eminent lawyers have expressed the view that this was an unseemly step by the judges; rather like washing dirty linen in public. Some such as Justice Sodhi (retd) called for the impeachment of the judges for their ‘immature and childish’ behaviour.
However, others legal luminaries have expressed the view that there must have been grave, compelling reasons for sitting judges to take such an extreme step. According to BJP’s Subramanian Swamy, “We can't criticise 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.” According to others, this event casts a huge shadow on the Chief Justice and seems to indicate blatant misuse of power.
The view that people have taken on this matter seems almost universally coloured by their politician leanings. Supporters of the ruling party have started to cast aspersions upon the motivations and affiliations of the four judges and have been heavily critical of them. Others seem to think that some much-needed questions are being asked and that these are necessary for the safeguarding of Indian democracy.
Whatever one's own political persuasion, there is no doubt that a great churn is afoot; there are interesting times to come. They will demonstrate how keen people are to safeguard the precious democratic, secular moorings of our country.
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