There must be compelling reasons, says legal fraternity on SC judges 'revolt'

There must be compelling reasons, says legal fraternity on SC judges 'revolt'

There must be compelling reasons, says legal fraternity on SC judges 'revolt'

After a five-judge constitution bench overruled Chelameswar's order on the allegations that attempts were made to bribe SC judges, Dipak Misra sent the case to another smaller bench. Advocate Varinder Kumar Sharma, appearing for Congress leader Tehseen Poonawalla, said this was a case where a mysterious death of a judge, who was hearing a sensitive case, had taken place on December 1, 2014 and it needed to be investigated independently.

Earlier on Friday, Judges Ranjan Gogoi, Kurian Joseph, Madan B. Lokur and Justice Chelameswar, in an unprecedented move, left judiciary and observers stunned after they alleged that the Supreme Court administration was "not in order". Referring to the news about the collegium recommending name of senior lady lawyer Indu Malhotra for a direct elevation to the Supreme Court, Chagla said, "The sad irony is that this happened on a day when two good appointments to the Supreme Court were announced".

They also accused chief justice of assigning cases to benches of his preference, violating court rules. It is with no pleasure that we are compelled to call this press conference. The fact that this matter has been listed before the relatively junior Justices Arun Mishra and Mohan M Shantanagoudar, has perhaps rubbed the quartet of senior most judges the wrong way. They held a press conference to show the make the nation awake for the Judicial Institution.

The CJI, for his part, is said to have indicated that he respected every judge and distribution of cases to each of them was done in a "fair manner", keeping the overall load on the judiciary. "It is an extraordinary event in the history of this nation, any nation, and certainly in the history of this institution", is how he began, setting the tenor of the press conference.

The judges also said that they tried to convince CJI Dipak Misra but failed.

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On the Congress seeking a probe into Loya's death by the highest level of the Supreme Court, Patra said the main opposition party should refrain from commenting on issues pending before the Supreme Court.

"The issue needs an independent inquiry", he said.

Reacting to an unprecedented press conference by four Supreme Court judges, a number of senior lawyers on Friday said they believed there must be some very compelling reasons for the judges to have resorted to such a way of expressing their anguish. "This must be guarded against at all costs", says the letter by the judges.

"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", they wrote in the letter. Karnan underwent a six month jail term which ended in December a year ago. "It is to discharge a debt to the nation that has brought us here".

"I think we, the people of India, have a right to know what is going on within the judiciary and I welcome this", she said.

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