
New Delhi: In an unprecedented move, four
senior most judges of the Supreme Court today called a press
conference and said the situation in the top court was "not in
order" and many "less than desirable" things have taken place.
Unless this institution is preserved, "democracy will not
survive in this country," the four judges said.
Justice J Chelameswar, the second senior judge after the
Chief Justice of India, said "sometimes administration of the
Supreme Court is not in order and many things which are less
than desirable have happened in the last few months".
Chelameswar, who was accompanied by Justices Ranjan
Gogoi, M B Lokur and Kurian Joseph at the press conference,
said they had met CJI Dipak Misra this morning and "raised
issues affecting the institution".
Soon after the press conference by the four senior-most
judges, the CJI called Attorney General K K Venugopal for a
meeting, court sources said.
At the presser held at his house, Justice J Chelameswar
said "unless this institution is preserved, democracy will not
survive in this country" and added it was "extremely painful"
to hold press conference in such a manner.
He said the four judges had written a letter to CJI Dipak
Misra some time back, raising important issues.
But all of them "failed to persuade CJI that certain
things are not in order and therefore you should take remedial
measures. Unfortunately our efforts failed.
"And all four of us are convinced that democracy is at
stake and many things have happened in recent past," he said.
Asked what these issues were, he said they included the
"allocation of cases by CJI". The remarks assume significance
as the Supreme Court today took up for consideration the issue
of alleged mysterious death of special CBI judge B H Loya, who
was hearing the sensitive Sohrabuddin Sheikh encounter case.
Justice Chelameswar said "we owe a responsibility to the
institution and the nation. Our efforts have failed in
convincing CJI to take steps to protect the institution."
"This is an extraordinary event in the history of any
nation, more particularly this nation and an extraordinary
event in the institution of judiciary ... It is with no
pleasure that we are compelled to call this press conference.
"But sometimes administration of the Supreme Court is not
in order and many things which are less than desirable have
happened in the last few months."
All the judges rubbished questions on whether they have
broken ranks, with Justice Gogoi saying "nobody is breaking
the rank and it is a discharge of debt to the nation, which we
have done." Justice Gogoi would be succeeding the incumbent
CJI in October this year.
Asked whether they wanted the Chief Justice to be
impeached, Justice Chelameswar said "don't try to put words in
our mouth".
The four judges, in their seven-page letter to the CJI,
said "It is too well settled in the jurisprudence of this
country that the chief justice is only first amongst the
equals -- nothing more or nothing less."
The letter reads, "It is with great anguish and concern
that we have thought it proper to address this letter to you
so as to highlight certain judicial orders passed by this
court which has adversely affected the overall functioning of
the justice delivering system and the independence of the high
courts besides impacting the administrative functioning of the
office of the Chief Justice of India."
"There have been instances where cases having far
reaching consequences for the nation and the institution have
been assigned by the chief justices of this court selectively
to the benches 'of their preference' without any rationale
basis for such assignment. This must be guarded against at all
costs," it said.
PTI