”CJI NOT THE MASTER OF ROSTER, CHALLENGES, SHANTI BHUSHAN”
Senior most Advocate and former Law Minister, Shanti Bhushan filed PIL in SC, seeking clarification on the administrative authority of CJI as the”master of roster” and seeking laying down of principles and the procedures to be followed in preparing the roster for allocation of cases to other benches, as reported in a section of press today.
While filing the case on behalf of his father, Mr Prashant Bhushan,also wrote a letter to the Secretary General of SC, stating that the matter should not be listed before the bench that includes CJI, DeepakMisra.
Further, It is also reported that the letter said that it would be appropriate that the case be placed before three senior most judges of SC, for allocating it before an appropriate bench. In the petition the CJI has been named as one of the respondents along with the registrar .
This report shows the sad state of affairs in our top judiciary.
Senior most Advocate and former Law Minister, Shanti Bhushan filed PIL in SC, seeking clarification on the administrative authority of CJI as the”master of roster” and seeking laying down of principles and the procedures to be followed in preparing the roster for allocation of cases to other benches, as reported in a section of press today.
While filing the case on behalf of his father, Mr Prashant Bhushan,also wrote a letter to the Secretary General of SC, stating that the matter should not be listed before the bench that includes CJI, DeepakMisra.
Further, It is also reported that the letter said that it would be appropriate that the case be placed before three senior most judges of SC, for allocating it before an appropriate bench. In the petition the CJI has been named as one of the respondents along with the registrar .
This report shows the sad state of affairs in our top judiciary.
The letter by Justice Chalameswar last week to CJI with copies to all the judges, is sufficient to indicate that the health of the judicial system in India which appears to be in very bad shape and the “independence “ and preeminence of judiciary stands compromised.
The letter of the senior most judge after CJI, asked for a sitting of the full court,-all judges of SC to discuss the matter of CJ of Karnataka HighCourt, Dinesh Maheswari who has also made himself available to be used and trampled upon by Union Law Ministry. In the process law ministry has with the report of justice Maheswari, disregarded and denigrated the SC Collegium which had twice sent the name of the District Judge KrishnaBhat, for elevation to the HighCourt. Infact, SC Collegium had recommended Bhatt’s name for elevation but the law ministry is sitting on the file, even after Bhat’s name has been recommended not once but reiterated its previous recommendation, after allegations levelled against Bhat by some Lady Magistrate were found to be false. Its on record that Previous Chief Justice of Karnataka High Court enquired into the allegations and submitted his report to SC collegium. Acting on the same, Bhats name has been cleared by SC collegium and forwarded to GOI. Law is fairly settled that once SC collegium reinterates any name, GOI has no option but to follow the collegium Recommendation. Curiously, GOI directly writes to the Karnataka CJ, bypassing the SC, the CJ Karnataka acts upon the communication and institutes a second enquiry.
The letter of the senior most judge after CJI, asked for a sitting of the full court,-all judges of SC to discuss the matter of CJ of Karnataka HighCourt, Dinesh Maheswari who has also made himself available to be used and trampled upon by Union Law Ministry. In the process law ministry has with the report of justice Maheswari, disregarded and denigrated the SC Collegium which had twice sent the name of the District Judge KrishnaBhat, for elevation to the HighCourt. Infact, SC Collegium had recommended Bhatt’s name for elevation but the law ministry is sitting on the file, even after Bhat’s name has been recommended not once but reiterated its previous recommendation, after allegations levelled against Bhat by some Lady Magistrate were found to be false. Its on record that Previous Chief Justice of Karnataka High Court enquired into the allegations and submitted his report to SC collegium. Acting on the same, Bhats name has been cleared by SC collegium and forwarded to GOI. Law is fairly settled that once SC collegium reinterates any name, GOI has no option but to follow the collegium Recommendation. Curiously, GOI directly writes to the Karnataka CJ, bypassing the SC, the CJ Karnataka acts upon the communication and institutes a second enquiry.
Thus, in my opinion, the CJ Karnataka has committed grave contempt of the SC. Now its to be seen what SC is going to do in that matter…????
Its often said that Public memory is very short. Not long ago, we have witnessed high profile cases having far reaching consequences, being entrusted to Benches to the Choice of CJI. When 4 senior most Judges revolted by going to Press, some remedial measures appear to have taken place, including the allotment of cases to other benches, but major PIL cases are kept with CJI himself.
One Cannot be a Judge of his own case….is a very old saying.
Its curious to note that CJI is hearing cases where allegations are indirectly/directly made against CJI himself, even after the historic press conference of 4 senior most judges, one of them is likely to be next CJI…
Its often said that Public memory is very short. Not long ago, we have witnessed high profile cases having far reaching consequences, being entrusted to Benches to the Choice of CJI. When 4 senior most Judges revolted by going to Press, some remedial measures appear to have taken place, including the allotment of cases to other benches, but major PIL cases are kept with CJI himself.
One Cannot be a Judge of his own case….is a very old saying.
Its curious to note that CJI is hearing cases where allegations are indirectly/directly made against CJI himself, even after the historic press conference of 4 senior most judges, one of them is likely to be next CJI…
It’s shocking to learn that hundreds of HighCourt Judge appointments recommended by SC Collegium are pending with the government for about ,not two months but two years as per the statement of second senior most judge of SC. Sitting on the file indirectly amounts to be a case of Executive arrogance/interference in the business of judiciary, which is against the principles of constitution. The basic feature of Indian constitution is independence of judiciary. There should be some time frame for the Govt to accept or not to accept the Collegium’s recommendations.
The friction between the Executive and Judiciary is not a new phenomenon. DuringMrs Gandhi’s regime also, a single party with majority and strong popular leadership attempted to turn things to its advantage. Executive which has been accused of “Sitting”on judges appointments (a former CJI reduced to tears before PM) despite huge vacancies, and backlog,.
As per the report there are about 230names recommended by top court Collegium as judges of various HighCourts which are kept pending for the past almost two years.
Even in the case of SC two names CJ Of Uttarakhand HC KM Joseph, and a senior Lawyer Indu Malhotra for appointment as top court judges didn’t find favour with the government.
The friction between the Executive and Judiciary is not a new phenomenon. DuringMrs Gandhi’s regime also, a single party with majority and strong popular leadership attempted to turn things to its advantage. Executive which has been accused of “Sitting”on judges appointments (a former CJI reduced to tears before PM) despite huge vacancies, and backlog,.
As per the report there are about 230names recommended by top court Collegium as judges of various HighCourts which are kept pending for the past almost two years.
Even in the case of SC two names CJ Of Uttarakhand HC KM Joseph, and a senior Lawyer Indu Malhotra for appointment as top court judges didn’t find favour with the government.
Justice Chalameswar’s letter is a “dire warning about the state of Indian judiciary, which appears to have been seriously compromised by the Executive “”said Mr Dushyant Dave , a view shared byBhushan who lamented that “unfortunately CJ is not doing anything to stop this interference by the government “ But one has to concede that both the Collegium and NJAC Act have their own pit falls,according to the reports,. In the end the suggestion to form an independent full time body to select judges doesn’t inspire confidence.
A middle path needs to be urgently found as crores of cases are pending in various courts including at the appellate level. The present government brought the NJAC through an amendment but it had some inherent flaws and struck down by SC. Besides CJI , two apex court judges after him in seniority, ,NJAC has members including the Union Law Minister and two eminent persons chosen by the committee consisting of CJI ,PM,and leader of the opposition. The main pit fall in this is , that members of the panel were given veto power which means the law minister could throw out any name sent sent to it by judicial side. That might also be the reason why this amendment was struck down.
A middle path needs to be urgently found as crores of cases are pending in various courts including at the appellate level. The present government brought the NJAC through an amendment but it had some inherent flaws and struck down by SC. Besides CJI , two apex court judges after him in seniority, ,NJAC has members including the Union Law Minister and two eminent persons chosen by the committee consisting of CJI ,PM,and leader of the opposition. The main pit fall in this is , that members of the panel were given veto power which means the law minister could throw out any name sent sent to it by judicial side. That might also be the reason why this amendment was struck down.
Viewed from any angle, this sort of grave situation of friction between Government and Judiciary on one hand coupled with unprecedented squabbles within the Judicial system on the hand is not going to do any good for our country. Justice Chalameshwar is retiring in June and two other senior most Judges also before the end of 2018. Justice Ranjan Gogoi who is tipped to be the next CJI is one of the four Judges who openly revolted against the SC CJI and his style of functioning. Its to be seen what the Government is going to do with Justice Gogoi..????
Will he be humiliated like Jayant patel (who ordered CBI enquiry against Amit Shah resulting in Amit Shah being sent to Jail) and go the same way as Justice Jayant Patel…
What Judgement SC is going to pronounce in the case of death of Judge Loya in suspicious circumtances in Nagpur.. (It may be recalled that Judge Loya took strong exception for the absence of Amit Shah in the fake encounter case of Sohrabuddin sheikh & his wife Kausarbi)..
Will he be humiliated like Jayant patel (who ordered CBI enquiry against Amit Shah resulting in Amit Shah being sent to Jail) and go the same way as Justice Jayant Patel…
What Judgement SC is going to pronounce in the case of death of Judge Loya in suspicious circumtances in Nagpur.. (It may be recalled that Judge Loya took strong exception for the absence of Amit Shah in the fake encounter case of Sohrabuddin sheikh & his wife Kausarbi)..
It shouldn’t be long before we see answers to all the above and many other issues…. WATCH…
