Four senior judges of supreme court of India expressed their discomfort with the chief justice of India is functioning and assigning cases. Honourable judges held a press conference to express their angst. While there was no specific charge that came out, it appears that honourable judges felt sensitive cases with far reaching consequence are going to junior judges.
Question arises, can a judge complain why he / she was not assigned a case? According to a Times of India report, in last 20 years 15 very sensitive cases including 2G scam, coal block allocation scam etc have gone to junior judges. If dissenting judges claim chief justice is first among equals, but he has no special power. Does the same rule not apply to other judges of the supreme court? There are almost 20 other judges serving the highest court of India. Are junior judges not equal in terms of their ability and power with esteemed four dissenting judges?
Suspicion that there may be politics behind the revolt gets sustenance from the following facts:
- Mr. D Raja, a Rajya Sabha MP of CPI, was seen meeting Justice Chelameshwar within hours of press conference.
- Congress party raked up issue of death of CBI Judge Loya. Does congress president has any basis to link dissent in supreme court to alleged murder of CBI judge, when Bombay high court is looking into it and surpeme court also has taken note?
- Mr. Prakash Karat, a senior member and a former general secretary of CPM, had demanded that all sensitive cases, be it adhaar or Babri Masjid or triple talaq or investigation of death of CBI judge Loya, must be heard by four dissenting judges.
- Same view point was expressed by Mr Prashant Bhushan, Mr. Dushyant Dave and Ms. Indira Jaisingh, senior lawyers of supreme court. Because senior lawyers namely Mr. Dave believe that junior judges have pro government leaning and may be compromised. The same lawyers were accused of forum shopping by chief justice of India, earlier.
- Are our opposition parties and civil society not guilty of the same interference in judicial procedures, they are accusing ruling BJP?
Does cases presented before a court depend on merit or inclination of judges? When looked in the light of Mr Kapil Sibal’s request to postpone supreme court verdict on Ram Mandir – Babri Masjid issue till 2019 general election, further confirms that opposition parties are unto something very malicious. They know it may be difficult to beat ruling party on merit, they are now out to subvert the system.