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.