Page 33 - English Tehelka Issue 3&4

judiciAry

Will the judiciary be tice Loya in 2014.

Justice Loya was hearing the
able to shield itself case of the alleged fake encounter
of Sohrabuddin Sheikh in Gujarat.
The case had high profile accused
including BJP president Amit Shah,
from interferences? then Minister for Home in Gujarat.
The judge who succeeded Justice
Loya after his death discharged
Shah within a month.
Issues raised by four senior-most judges of the Supreme The death was not investigated
Court in an unprecedented press conference raise serious even as questions were raised by
his son who wrote a letter in 2015
concerns about the judiciary, the guardian of our Constitution expressing doubts over the circum-
and the third pillar of our democracy, being undermined by stances in which his father died.
The issue gained momentum after
the executive, anil sinha explains an investigative story in Caravan
magazine, in which the father and
the sister of Justice Loya expressed
t was shocking for citizens to Chelameswar, Gogoi, Lokur and Jo- their suspicion over the circum-
see four senior-most judges seph sold their souls and didn’t do stances of the death. Though the
of the Supreme Court ap- the right thing by our constitution.” son retracted from his stance and
proach the media to express “We wrote a letter to him and claimed before the media that he
I their helplessness in deliv- tried to persuade the CJI to take had no doubts, Bombay Lawyers’
ering justice. All four — Justices J steps but failed. A request was made Association filed a case before the
Chelameswar, Ranjan Gogoi, MB to do a particular thing in a particu- High Court.
Lokur and Kurian Joseph — were lar manner but it was done in such a Meanwhile, political activist Teh-
categorical in their assertion that way that it left further doubt on the seen Poonwala and journalist BS
the judiciary was being run arbi- integrity of the institution. Unless Lone filed two separate petitions
trarily and it was dangerous for the institution of Supreme Court is in the SC demanding a probe into
democracy. preserved, democracy won’t sur- the institution had been assigned • All is not Procedure or that that issue can- matter of grave importance, if at all his death. The case was assigned to
Many believe that the situation vive in this country,” he said. by the Chief Justices of the Court well The situa- not linger on for indefinite period,” required to be taken on the judicial Justice Arun Misra. It was alleged
described by the judges is similar The language used by the judges selectively to the benches of their tion described says the letter. It refers to the order side, should be dealt with by none that Justice Misra was deliberately
to what is going on in other institu- explains the situation they have preference without any rationale by the four of a two-judge bench on October 27, other than a Constitution Bench. assigned the case by the CJI as he
tions of our democracy. It is believed been facing in performing their basis for such assignment. This must judges is 2017 in which a bench of Justices AK In reply to a question by a jour- was confident that relief would be
by many quarters that the incident duties. The fact that all four judges be guarded against at all costs,” says similar to Goel and UU Lalit had issued notice nalist, Justice Gogoi did admit that given to the BJP. However, after the
of judges coming before the press are part of the collegium which ap- the letter which was written to the what is going to the Centre and directed the pres- their move, in part, was prompted press conference of senior most
should not be viewed in isolation; points judges of the Supreme Court CJI by the four judges. The letter on in other ence of the Attorney-General. It had by concerns over the death of Jus- judges, Justice Arun Misra ordered
this is part of the overall story of and the high courts only points to raises the issue of Memorandum of institutions of also ordered that there should be no the Maharashtra Government to
the current state of affairs in our the extent of vulnerability the judi- Procedure (MoP) for appointment our democracy further delay in finalization of MoP submit documents related to the
democracy. The assertion of the cial machinery is now exposed to. of judges of the Supreme Court and in larger public interest. death and wanted the case to be
four judges testifies this view. Justice Gogoi is next in line and will high courts. It says that the MoP was The CJI constituted another The fact that all heard by another bench. The case
“Four of us are convinced, take over as CJI after Justice Misra finalized and sent by the then CJI to three-judge bench headed by him to is now being heard by a three-judge
democracy will not survive. We retires. Though the judges did not the Central government in March, consider the issue arising out of the four judges are part bench headed by the CJI. The three-
met CJI this morning, with specific give details of what was the imme- 2017. The government has not re- two-judge bench. The three-judge of the collegium judge bench has ordered that all
request but we could not convince diate trigger for rushing to the me- sponded to the communication and bench recalled the order of the two- petitions filed in the case including
him. We had no choice but to com- dia, it is apparent that assigning of in view of this silence, it must be as- judge bench on the ground that that appoints SC the one that has been filed in the
municate to the nation to take care Public Interest Litigation (PIL) peti- sumed that the MoP as finalized by “these are not matters to be taken and HC judges Bombay HC will be heard in the SC.
of the institution. We place it before tions demanding investigations into the collegium has been accepted up on the judicial side like this”. The Another case which is being
people of the country,” Justice Gogoi the controversial death of CBI judge by the government on the basis of MoP is dealt with by the administra- points to the extent cited as the bone of contention be-
said. The same was expressed by BH Loya to a junior bench was what a previous order of the apex court. tive side of the Supreme Court. of vulnerability the tween the CJI and the senior judges
Justice Chelameswar, the second led them to take the extreme step. “There was, therefore, no oc- The letter says that any issue is the case of recognition of Prasad
senior-most judge in the apex court: “There have been instances casion for the Bench to make any with regard to the MoP should be judicial machinery Medical College, Lucknow. The Med-
“We don’t want wise men saying where cases having far reaching observation with regard to the fi- discussed in the Chief Justices’ Con- is now exposed to ical Council of India had rejected its
20 years from now that Justices consequences for the nation and nalization of the Memorandum of ference and by the Full Court. Such a recognition and the college fought

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