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CJI Dipak Misra to hold press conference after top SC judges' allegations

13 Janvier 2018

Though politically charged cases have traditionally been overseen by the supreme court's most senior judges, the request for an independent investigation into Loya's death was assigned by Misra to a relatively junior member of the bench.

They referred to the 27 October order in RP Luthra vs Union of India case to the affect that there should be no further delay in finalising the Memorandum of Procedure in the larger public interest. Unfortunately our efforts failed.

However, BJP's Rajya Sabha MP Subramanian Swamy disagreed and said that there was nothing wrong in Raja being present at Justice Chelameswar's residence.

At the time of his death, Loya was hearing a case that accused Amit Shah, the president of the ruling Bharatiya Janata Party, of ordering extrajudicial killings when he served as home minister under Modi in the state of Gujarat. Asked about the functioning of the Supreme Court collegium hereon, he said he hopes that this does not result in a deadlock in its functioning. There must have been compelling reasons for the senior-most judges to have adopted this course of action.

The Centre on 12 January refused to intervene in the ongoing tussle between Supreme Court judges.

The matter is now in the public, and while the media trials are not allowed, the judges have submitted yet the entire judiciary to the trial by the media.

"This press conference is reflective of several deep-rooted problems that have been germinating for a while within the Supreme Court", including a lack of transparency, said Surya Deva, a professor at the City University of Hong Kong's law school.

"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.

Justice Gogoi said "nobody is breaking the rank and it is discharge of debt to nation which we have done".

"I am in agreement with the goal of the press conference". As per the reports, Salman Khurshid who is the senior advocate and Congress leader said deeply pained and sad, that SC comes under such severe situation which forces senior judges to hold a press conference.

"The judges' letter to the CJI said, "...

R.S. Sodhi, a retired Supreme Court justice, was quoted by The Associated Press news agency as saying that the judges' decision to express their grievances openly was appalling. It's an alarming state of affairs where there is a deep difference of opinion between four judges on one side and the chief justice on the other side.

"Unprecedented points raised by the judges need to be looked into carefully, even Justice Loya's case must be looked at by the highest levels of the Supreme Court". All four had written to the CJI earlier, Justice Chelameswar said. "We owe a responsibility to the institution and the nation". The four judges now termed as "rebel judges" observed that things are not in order in the highest judiciary and in the administration of the Supreme Court such as allocation of cases to suppliant judges without due consultation or consensus with fellow judges merely because the CJI is the master of the roster.