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Rebellion in Supreme Court: Four Senior Judges address the media

13 Janvier 2018

Justices Chelameshwar, Gogoi, Lokur and Joseph have accused the CJI of "selectively assigning" cases.

The judges said that they are forced to "address the nation" as the Chief Justice Dipak Misra was not ready to listen their reservation. This was going to be an unprecedented show since never in the history of judiciary SC judges had held a Press conference.

"Please wait till tomorrow or the day after", he said.

"This is an extraordinary event and it is with no pleasure we are doing this..."

"Administration of the Supreme Court is not in order".

The press conference of the Judges sparked a wide-range debate across the country with many prominent personalities questioning the independence of the judiciary.

Justice Chelameswar, the second-most senior judge in the Supreme Court after the chief justice, said: "We tried to persuade the CJI to take steps but failed". While accepting the rule that the Chief Justice alone can decide the composition of Benches and allot judicial work, they allege that Justice Misra is departing so far from set conventions that it would have "unpleasant and undesirable consequences", ultimately casting a doubt on the integrity of the institution itself. And Prashant Bhushan the lawyer and politician said CJI Dipak is misusing his power and this must have to stop because it is risky for our democracy.

On 4 July, 2017, a Bench of seven Judges of this Court decided In Re, Hon'ble Shri Justice C.S. Karnan [(2017) 1 SCC 1]. "One could see pain on their faces while they were speaking", Tulsi said.

A battery of senior Congress politician-lawyers including Kapil Sibal, P Chidambaram, Manish Tewari, Vivek Tankha and Salman Khurshid were present at the press conference. Judiciary was always considered as a family.

The Supreme Court a year ago rejected a government move to have representatives in the group handling appointments and transfers of judges to the highest courts.

Indira Jaising, Supreme Court advocate: "I think it's a historic Press Conference".

The judiciary is where citizens turn to for justice and the Supreme Court is the last court of appeal. Talking about the coming out of the Supreme Court judges in the way they had, the Congress President said that such a thing had never happened before and was unprecedented. "If you lost public confidence, then what will remain". Bharadwaj told the Indian news agency, ANI. He said: "They have mentioned that there is a threat to democracy".

All four said that there are several irregularities happening within the and CJI is not amenable to requests of the senior four. The four judges seemed a tad uncomfortable at the barrage of questions from journalists.

"Politics by political parties of the country, outside the judicial purview, trying to drag issues which are internal to the judiciary and politicise that is something which should not be attempted". The traditions were embraced by this Court which came into existence nearly a century after the above mentioned chartered High Courts.

Soon after the press conference ended, the CJI called Attorney General K K Venugopal for a meeting, court sources said. "It needs to be looked at from the highest level of the Supreme Court", Rahul told reporters here tonight. Some of the judges are now in the Supreme Court bench. We owe a responsibility to the institution and the nation. The case pertained to delay in finalising the MoP and challenged the appointments made to the higher judiciary in the absence of the revised MoP. It's estimated that about 30 million cases are pending in various courts across the country.

Rebellion in Supreme Court: Four Senior Judges address the media