MegaThread: Press conference of four senior Supreme Court Judges.
An unprecedented event occurred today in the history of India. Four senior SC judges came out against the institution in a PC. Out of all links this seems to be more comprehensive. Let's have a mega discussion on this.
EDIT: Below is the full text of the letter ....
It is with great anguish and concern that we have thought it proper to address this letter to you so as to highlight certain judicial orders passed by this court which has adversely affected the overall functioning of the justice delivery system and the independence of the high courts besides impacting the administrative functioning of the office of the Honourable the Chief Justice of India.
From the date of establishment of the three chartered High Courts of Calcutta, Bombay and Madras, certain traditions and conventions in the judicial administration have been well established. The traditions were embraced by this court which came into existence almost a century after the above mentioned chartered High Courts. These traditions have their roots in the angle saxon jurisprudence and practice.
One of the well settled princples is that the Chief Justice is the master of the roster with a privilidege to detemine the roster, neccessity in multi numbered for an orderly transaction of business and approriate arragements with resepct to matters with which member/bench of this court (as the case may be) is required to deal with which case or class of recongnising the privilidege of the chief justice to form the roster and assign cases to difference members/benches of teh court is a convention devised for a disciplined and efficient transaction of business of the court but not a recongnition of nay superior auhority, legal or factual of the chief justice over his colleagues. It is too well settled in the jurisprudence of this country that the chief justice is only the first amongst the equals — nothing more or nothing less. In the matter of the determination of the roster there are well-settled and time honoured conventions guiding the chief justice, be the convention dealing with the strength of the bench which is required to deal with a particular case or the composition thereof.
A necessary corollary to the above-mentioned principle is the members of any multi-numbered judicial body including this Court would not arrogate to themselves the authority to deal with and pronounce upon matters which ought to be heard by appropriate benches, both composition wise and strength wise with due regard to the roster fixed.
Any departure from the above two rules would not only lead to unpleasant and undesirable consequences of creating doubt in the body politic about the integrity of the institution. Not to talk about the chaos that would result from such departure.
We are sorry to say that off late the twin rules mentioned above have not been strictly adhered to. There have been instances where case having far-reaching consequences for the Nation and the institution had been assigned by the Chief Justices of this Court selectively to the benches “of their preference” without any rationale basis for such assignment. This must be guarded against at all costs. We are not mentioning details only to avoid embarrassing the institution but note that such departures have already damaged the image this institution to some extent.
In the above context, we deem it proper to address you presently with regard to the Order dated October 27, 2017 in R.P. Luthra vs Union of India to the effect that there should be no further delay in finalizing the Memorandum of Procedure in the larger public interest. When the Memorandum of Procedure was the subject matter of a decision of a Constitution Bench of this Court in Supreme Court Advocates-on-Record Association and Anr. vs Union of India [(2016) 5 SCC 1] it is difficult to understand as to how any other Bench could have dealt with the matter.
The above apart, subsequent to the decision of the Constitution Bench, detailed discussions were held by the Collegium of five judges (including yourself) and the Memorandum of Procedure was finalized and sent by the then Hon’ble the Chief justice of India to the government of India in March 2017. The Government of India has not responded to the communication and in view of this silence, it must be taken that the Memorandum of Procedure as finalized by the Collegium has been accepted by the Government of India on the basis of the order of this Court in Supreme Court Advocates-on-Record-Association (Supra). There was, therefore, no occasion for the Bench to make any observation with regard to the finalization of the Memorandum of Procedure or that that issue cannot linger on for an indefinite period.
On 4th July, 2017, a Bench of seven Judges of this Court decided InRe, Hon’ble Shre Justice C.S. Karnan (2017) 1SCC 1]. In that decision (refer to in R.P.Luthra), two of us observed that there is a need to revisit the process of appointment of judges and to set up a mechanism for corrective measures other than impeachment. No observation was made by any of the seven learned judges with regard to the Memorandum of Procedure.
Any issue with regard to the Memorandum of Procedure should be discussed in the Chief Justices’ Conference and by the Full Court. Such a matter of grave importance, if a all required t be taken on the judicial side, should be dealt with by none other than a Constitution Bench.
The above development must be viewed with serious concern. The Hon’ble Chief Justice of India is duty bound to rectify the situation and take appropriate remedial measures after a full discussion with the other members of the Collegium and at a later state, if required, with other Hon’ble Judges of this Court.
Once the issue arising from the order dated 27th October, 2017 in R.P.Luthra vs. Union of India, mentioned above, is adequately addressed by you and if it becomes so necessary, we will apprise you specifically of the other judicial orders passed by this Court which would require to be similarly dealt with.
With kind regards
J Chellameshwar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph
My very first emotion reading the news was.. hope! Hope that there're people who are willing to take a stand for democracy. I've railed against CJI here. But I knew that in our democratic institution, CJI appointment is for life (until retirement). So I was just resigned to gnash my teeth and scream into randian void when things would get too much. Never did I even think that other judges would be dissatisfied with him! Rebel, sir, it gives me hope! ("Rebellions are built on hope" :D)
It seems that Amit Shah and CJI reached agreement to protect each others back on Justice loya's death and Medical college bribe case.
It is disgusting to hear soli sorabjee and other former SC judges say that this press conference by the 4 judges is what will damage the judiciary.
What about the asshole CJI who is corrupt to his core?!?
This is probably the greatest day for the judiciary, India and Democracy.
EDIT: If anyone wants to know what the bhakts think of this issue, please see Times Now. Rahul Shivshankar and Navika Kumar are earning their money. They are already talking about how this is a congress ploy.
All these stupid journalists/anchors saying this will destroy common mans faith in judiciary when in fact it is the opposite.
They have already started asking for their impeachment! And media propagandists have started coming out with their own obscure analysis like "why only 4 judges came out, why not all 20?" Like, can you believe how hard it is to not toe the line and go against everyone, especially if the case is against somebody like Amit Shah?? That take guts! Fucking imbeciles.
This would be termed as a Kangreesi move , wait and watch !
If anyone wants context about how the Judiciary is structured and how it works, also a perspective on the conflict between the pillars of democracy, do .
What happened today is going to have massive repercussions, especially after the political parties jump in and start taking sides. The middle ground, of course, is institutional reform, but I seriously doubt if anybody will bother with that at the moment.
Since the genesis of this press con seems to be primarily the Loya case (amongst many others because Justice Gogoi admitted this during the PC), this is going to turn political. And fast.
I'm getting very worried about what comes next.
This is what happens when the govt becomes fascist and all top positions are held by the criminal rulers' stooges. From Election commission to RBI to Supreme Court. CJI must resign immediately.
My Salute to these Judges. I'm sure fascism will fail and democracy will prevail soon.
Times Now and republick TV doing the usual. Subtly criticising the judges for coming out and holding a press conference, and pulling everything from Congress to hardik to jignesh mevani into this.
How low can these guys go ? SMH.
Arnab: Did the judges really say " Let the nation decide" on the matter of CJI's impeachment?
Reporter: Arnab, actually the judges' exact word were " We are nobody to decide his impeachment".
Arnab: No but how can they say "Let the nation decide his impeachment" ?
Arnab is already shouting "Congress ka hath"
Arnab - once an asshole, always an asshole.
Basically, the 4 judges from the press conference held today are saying that the institution of the Supreme Court is in danger because the Chief Justice has too much power to wield and hence is a danger to the democratic process.
Quoting an Indian Express newspiece by D.Dave.
"the Chief Justice is the master of the roster and he alone has the prerogative to constitute the Benches of the Court and allocate cases to the Benches so constituted."
Several instances reflect that the Constitution Benches are constituted by including certain judges and excluding certain others.
I am waiting for the day for this goon to be impeached
Nahh. Justice Gogoi said it loud and clear. A reporter asked him if this was related to the Loya case and he said a loud and clear "Yes."
"four Supreme court judges from India? more like from pakistan"- Bhakt, probably.
Bhakths are saying this is a drama to derail the Ram Janmabhoomi case. I'm quite impressed by these spin masters and mental gymnasts of the BJP. Anything to protect their dear leader, even if it means sacrificing their self respect.
He just found a way to bring Rahul Gandhi into the debate.
Someone Tl;Dr please
That is the point of a democracy you blithering idiot.
Note: I am not calling OP the blithering idiot.
No. Shit is about to hit the fan. All ministers will be having press conference in next few hours. The Dear Leader will still remain silent and all the stooges will do the talking.
Many of them are traditionalists and will say that. "This will damage the faith in judiciary among the people". As if silently allowing the attempt to destroy the democracy is a better option.
Even R. S. Sodhi, Ujjwal Nikam, and Hansraj Bhardwaj said that. Of the three Sodhi and Nikam both clearly have a bias. It should be quite obvious given the fact that these two have been heavily featured on Zee News today.
लोग चार दिन चिल्लाएंगे फिर आधार कार्ड लिंक करने में लग जाएंगे.
Then there were four!
Kudos to the judges who were brave enough to come out and express their concerns! It takes a lot of courage to do this.
[Edited to make the explanation clearer]
According to the four judges, it is the responsibility of the Chief Justice of India to appoint benches. This responsibility falls on him because it makes for efficient functioning of the court and not because the CJI has more power than the rest of the judges, which he does not. But the CJI is exploiting this responsibility and appointing benches according to his own preferences instead of doing it in an unbiased manner.
For a party that's allegedly so inefficient, useless, corrupt and universally hated, Congress surely is very good at effectively foiling BJP's universally loved and accepted attempts at governance.
it was quite clear, the journos asked him about the particular case to which he said yes and then a few journos started saying that he said "yes".
Do you even argue bro?
for reference its 6:20 to 6:30 when he says yes.
Apparently, they are more concerned about muhh SC reputashion than the concerns that were raised. no wonder.
The bhakts won't even bother with the concerns raised, for them any concern raised against any decision taken by the government means you are a a) An antinational b) A Congress Chamcha c) A Pakistani d) A foreign Agent e) All of them and you should stand for the national anthem now.
How does it seem? could you please throw some light on it?
Saffronization of the judicial system. Nice.
Election Commissioner is Modi stoge, CJI is Modi stooge, Media is Modi stooge, etc.
Democracy is f*ckd.
Twenty-five of the 31 Supreme Court judges meet the four dissenting judges who addressed the media this morning.
I think Ornub is dying for swallowing Rahul Gandhi's cum.
That nikamma Nikam is everywhere. I have seen him on at least five channels, including Times Now and NewsX.
His son is also a lawyer. I guess the father is trying to make sure the SC stays corrupt so his son has a chance at being a judge.
I was looking for better words that asshole, then I remembered, that kind of effort is wasted on the smelly saffron cocksucker.
Yes, question is, will they? I'm not even sure if the matter would actually reach that level. But honestly, just knowing that what I've been feeling about this guy is validated by other SC judges is a relief! I am keeping all of my two eyes peeled to this to see how it unfolds.
What did you expect? Character assassination coming soon on The Debate with Arnab Goswami.
Parliament can impeach CJI.
A very fitting Star Wars reference.
And there goes the Aadhar hearing.
Yeah,that was embarrassing to watch.How to change a reddit username?
Doubt they have any self respect in the first place.
Justice Gogoi's comment during the presser pretty much makes this squarely about the Loya case, though.
And given Amit Shah is implicated in the Loya Case and the CJI has allegations of corruption against him, could well be a case of scratching each other's back.
Yep, very valuable. Rather than actually provide a valuable insight and contribute, you're stooping to this level.
Ujjwal Nikam is a piece of shit. There, I said it.