Saturday, January 20, 2018

It is a sad day for Indian democracy when cracks in one pillar of our great democracy have come to the fore. Four senior most Judges of SC seem to have been compelled by the circumstances to take extreme step of going to the press. This addressing the press is an unprecedented and an extraordinary event that should make every one sit up and take notice. In my opinion it has been wrongly decried as a “sponsored revolt”. If the respected judges with historic verdicts, under their belt, felt that they didn’t want to sell their souls, they deserve a fair hearing. Though Friday’s press conference is historic as mentioned by justice Chalameswar, it is a known fact that he had some grouse against the functioning of Collegium, which he made abundantly clear and CJ should have addressed his concerns. But it was only after the judges failed to get any remedy from CJI that they came out in public. This was an extraordinary event in history of this institution. They were compelled to act in this way because the CJ couldn’t be persuaded to mend the ways of the court. “We owe responsibility to the institution and the nation. Our efforts have failed in convincing CJI to take steps to protect the institution” the judges said. During the TV debates, some have expressed that they could have knocked the doors of the President of India. It is a simple solution  which they may have thought of. But having known the Presidential position, they are right, as it doesn’t serve any purpose and now the incident shows the power of democracy. The crux of the matter as I understood is whether the CJ is “ master of roster” or a first among equals. This is an issue concerning one of country’s most respected institutions and the one in which majority of Indians still continue to repose tremendous trust. T he sorry state of affairs which were not disclosed elaborately by the four judges, against CJI tends to lend credence that there is something fishy. General Public is already opining that the judiciary is no longer a Caesar’s wife. The situation seems to have reached a point of no return when Justice Chalameswar was over ruled by present CJ I, in connection with a corruption case in Kerala involving some judges according to the press. Anyway it was not in good taste. As the four judges, integrity is high, and the allegations cannot be ignored. What happened on 12th Jan, is almost hostile atmosphere. Much damage has already been done. The Central Govt deserves to be appreciated for refusing to intervene. If Jaitley has offered his good offices, it must be in his capacity as a member of legal fraternity. As I understood, all judges of SC are juniors in age and professional career to the octogenarian Attorney General Of India K Venugopal. There are some other respectable seniors like Soli Sorabji, and FaliNariman who have been associated with the SC since its initial day’s, and have grown with it. Without insisting on prestige and ego, all the concerned, in the interest of Indian democracy must save the last bastion.