CJI faces revolt from four senior most SC judges

Apart from Subramanian Swamy other former judges and senior advocates of the Supreme Court also reacted to the press meet

Addressing reporters after an hour-long meet on the matter pertaining to the unprecedented presser held by four of the top five senior most judges of the apex court, Manan Kumar Mishra, Bar Council of India chairman informed that they have unanimously made a decision to form a seven-member delegation of the council who will meet the judges of the top court.

The Congress party stated it was pained over the judges of the Supreme Court expressing concern about its functioning.

The four judges of the Supreme Court who took the country by storm on 12 January can be accused of many things but not immature rebellion. Today's press conference would cause a bad precedent.

The chief justice did not immediately respond to telephone calls from Reuters to seek comment.

Those four judges took offence to the way the chief justice has been assigned cases and deciding benches.

A notice issued on Saturday by the Supreme Court said the Bench was not sitting as Justice Shantanagoudar would not be available.

Finding the allegations in the FIR disturbing, Justice Chelameswar's Bench, which heard one of the petitions, ordered a five-judge Constitution Bench to convene on November 13, but soon CJI Mishra constituted a separate bench and ruled the master of the roster doctrine.

The four judges - Justices J Chelameswar, Ranjan Gogoi, MB Lokur and Kurian Joseph - warned that India's democracy is under threat because of the way CJI Dipak Misra is running the apex court.

The Bar Council of India (BCI) met here on Saturday and unanimously decided that a seven-member delegation of the bar would try to meet majority of Supreme Court judges on Sunday in an attempt to persuade them to resolve the issue at the earliest.

Congress president Rahul Gandhi said the points highlighted by the judges were "extremely important" and called for a probe into Loya's case by the "highest level of the Supreme Court". Dave was elected as president of Supreme Court bar association later that year.

Justice Joseph said the issues they had raised in an unprecedented press conference on Friday triggered no constitutional crisis.

Justice Chelameswar had remonstrated not in favor of the manner in which the collegium worked and even remained away from its meetings while made his mind up to put written remarks on file for the selection of judges of the SC and HCs during the term of then CJI T S Thakur and continued with his stand during CJI H S Khehar's term. The council also said it hopes that the matter will be resolved "at the earliest". Four of its senior-most judges took on the Chief Justice of India in a public platform over the handling of court procedures - a display of dissent unheard of in the Indian judiciary. Top judicial experts, ranging from practicing senior advocates to retired judges and attorney generals have expressed shock over the unfolding of events.

"I think, we, the people of India, have a right to know what is going on within the judiciary", Jaising said.

But the Centre plans to avoid intervening in the tussle, as it feels the matter raised by the four apex court judges is judiciary-specific and does not merit third party intervention.

The writer is a lawyer in the Supreme Court and the High Court. Extreme interference of Central Government with Judiciary is risky for democracy, " she added.

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