Subramanian Swamy disagrees with four judges on allocation of PILs

"You cannot segregate between judges in judicial matters. All matters are equal and if you start categorisation, it will not be helpful for the cause of judiciary," BJP leader Subramanian Swamy said

By: PTI | New Delhi | Updated: January 14, 2018 10:36 pm
Subramanian Swamy, demonetisation data, GDP data, pm modi, CSO Data on demonetisation, GDP growth, indian express Subramanian Swamy said all judges are equal in terms of work allotment. (File Photo)

BJP leader Subramanian Swamy on Sunday expressed his disagreement with the four senior Supreme Court judges over the allocation of PILs for hearing to judges who rank lower in seniority. Swamy said when the judges themselves maintain that all the judges are equal, then there should not be any segregation or categorisation among the judges for assigning various matters.

“You cannot segregate between judges in judicial matters. All matters are equal and if you start categorisation, it will not be helpful for the cause of judiciary. All judges are equal in terms of work allotment. There should be no categorisation between them as senior and junior judges. I don’t agree with them,” Swamy told PTI over the phone from China.

On Friday, Justices J Chelameswar, Ranjan Gogoi, M B Lokur and Kurian Joseph mounted a virtual revolt against CJI Dipak Misra at a press meet here, raising questions on “selective” allocation of cases. Swamy was one of the PIL petitioners in the 2G spectrum case in the apex court, which was heard by a bench headed by Justice G S Singhvi (since retired) who was No. 11 in seniority in the Supreme Court at that time.

Some of the matters in which Swamy as a PIL petitioner has been in news recently include the Ramjanmabhoomi-Babri mosque dispute and the Aircel-Maxis deal.

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  1. Annu Chopra
    Jan 15, 2018 at 11:39 am
    If CJI is only the first among equals , where is the question of senior and junior in cons uting a bench? If all have equal calibre, how can a bench comprising merely more crowded bench over-rule less crowded bench without any accountability? Or bench must include “senior” judge when no such judges exist among equals? While a PM or sweeper in india is accounatble, judiciary is the only profession where there is no accountability. THAT IS THE ROOT CAUSE OF CORRUPTION AND CHAOS. Is PM, Similarly The First Among Equals? If not, what is special about judiciary? TRUTH: judiciary is a dictatorial oligarchy. While in all other professions, merit not age is the criteria, judiciary has itself decided on what it wants to do. Result: CJI keeps on changing every few months or 1-2 years. CJI post is being distributed like Laddos irrespective of relative merit.Tomorrow, an aged donkey will demand to be the Jungle King. one SC judge was not made CJI.So like a bull in china shop he is on a rampag
    1. Sudheer Thaakur
      Jan 15, 2018 at 12:42 am
      SC collegium is just like a spv . Its only purpose and function is to process and recommend names for appointments to HC and SC. Hence it has relevance in drafting and finalization of MOP for judicial appointments. But has no role in administration of SC. It is no super administration committee to oversee administrative functions of CJI as some people would like us to believe. In all other matters all judges of SC are equal. Seniority of a few days or months can not be valid ground for superior legal, ethical and intellectual acumen and capacity. There is no argument for PILs to be heard only by CJI or members of collegium.