‘Democracy in danger’, says Congress as top SC judges express concerns about functioning of apex court 

"We are very concerned to hear 4 judges of the Supreme Court expressed concerns about the functioning of the Supreme Court. #DemocracyInDanger," the Congress made a post on its official Twitter handle.

By: Express Web Desk | New Delhi | Updated: January 12, 2018 5:29 pm
Top SC judges express concerns about apex court's functioning, Congress says 'democracy in danger' Justice Chelameswar, Ranjan Gogoi, Madan Lokur and Kurian Joseph at the press conference. (Express Photo/Abhinav Saha)

The Congress on Friday said it was “very concerned” to hear four of the five seniormost judges of the Supreme Court expressing concerns about the functioning of the apex court, adding that the development implies “democracy was in danger”.

“We are very concerned to hear 4 judges of the Supreme Court expressed concerns about the functioning of the Supreme Court. #DemocracyInDanger,” the Congress made a post on its official Twitter handle.

This assertion from the grand old party comes hours after four of the five seniormost judges of the Supreme Court – Justices Jasti Chelameswar, Ranjan Gogoi, Madan Lokur and Kurian Joseph – said there was an immediate need to preserve the judiciary system in the country if democracy has to be protected.

The four top judges of the Supreme Court addressed the media to declare that “all is not well” with the apex court as they launched a sharp attack on Chief Justice of India Dipak Misra for “ignoring the concerns voiced by them”. The judges said they were compelled to take the unprecedented step as they had “no choice” but to communicate the same to the nation. The press conference was held at Justice Chelameswar’s Delhi residence at 4, Tughlak Road.

Underlining they were convinced that democracy will not survive if the institution of the judiciary was not protected, they said they have failed to convince CJI Misra about the same.

“All our efforts have failed and we are all convinced that unless this institution is not preserved, democracy can’t be protected in the country,” Justice Chelameswar, who is the second seniormost judge, told the media. “We met the CJI with a specific request which unfortunately couldn’t convince him that we were right therefore, we were left with no choice except to communicate it to the nation that please take care of the institution,” he said, adding that the four of them were only voicing their personal opinions, and had not discussed it with anyone else.

When asked if he thinks Chief Justice of India Dipak Misra should be impeached, Justice Chelameswar said, “Let the nation decide that.”

Read the full text of the letter here

Justice Gogoi added, “Nobody is breaking the ranks and it is a discharge of debt to the nation which we have done.”

Without giving any details, Justice Chelameswar further said: “About a couple of months ago, four of us gave a signed letter to the Chief Justice. We wanted a particular thing to be done in a particular manner. It was done, but in such a way that it raised further questions on the integrity of the institution.”

However, Justice Ranjan Gogoi, on being asked if the letter was about CBI Judge BH Loya’s alleged mysterious death case, said: “yes.”

On why they chose to hold a press conference, Justice Chelameswar said: “There are many wise men saying many wise things in this country. We don’t want wise men saying 20 years from now that Justice Chelameswar, Gogoi, Lokur and Kurian Joseph sold their souls and didn’t do the right thing by our Constitution,” he said while signing off.

'Democracy in danger', says Congress as top SC judges express concerns about functioning of apex court  Justice Jasti Chelameswar (Express photo by Praveen Jain)

Significantly, earlier in the day, the top court sought a response from the Maharashtra government on pleas seeking an independent probe into the alleged mysterious death of special CBI judge BH Loya who was hearing the sensitive Sohrabuddin Sheikh encounter case, PTI has reported. Underlining it to be a “serious” issue, the top court also said, “This matter requires bi-party hearing rather than exparte”.

A bench of Justices Arun Mishra and M M Shantanagoudar asked the Maharasthra government to file a reply by January 15.

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  1. Govindarajan Sampath
    Jan 15, 2018 at 4:40 am
    The only real basis for the complaint seems to be that the belief of these judges that somehow they are bettter than the other "junior" judges. At the same time, they also argue that all judges of the supreme court are equal and the Chief Justice is just the "first among equals". Goes to show the logical fallacy of their argument. In just, one could argue that in any case, the rulings should not matter because it appears that supreme court revisits its previous rulings.
    1. Bipin Bhardwaj
      Jan 13, 2018 at 10:40 pm
      Too late the criminals have seized power, the cover provided by the system, to hind behind the big corporate funding, support, use of huge amount of Black money , the ease of manipulating the judiciary compliant and subservient to the ruling mafia is going on, While the elite educated has conveniently ignored the fact and has preferred to look around being comfortable being better than Pakistan, biggest democracy of the world. Proof 1984 sikh riots, 1992 Babri masjid, 2002 genocide, and then choose the criminals to enjoy privileges make them sit in parliament and rule the country. Democracy which denies fundamental rights and has the draconian laws, allows its police and forces to murder wits own citizens. Judiciary, ELECTORAL PROCESS, a complete overhaul, and real democracy and not the farce is the agenda now.
      1. Gopal Sriniwasan
        Jan 12, 2018 at 9:32 pm
        It is not the Judiciary but the Khangress as a Political party with a Feudal mindset which is a threat to Indian Democracy. Pappu has lost every election and the only election he has won is the Party Presidential election with none of the Court Jesters willing to contest against this Dynast
        1. Indian Singh
          Jan 12, 2018 at 7:56 pm
          CONgress as usual is trying to FISH in TROUBLED WATERS ignoring the national interest. ........The COLLEGIUM System of APPOINTING JUDGES is NOT as per the laid down procedure of Indian Const-itution. The system was evolved by SC JUDGES themselves through Supreme Court judgments in the Three Judges Cases (October 28, 1998). Any POWER of APPOINTMENT is invariably susceptible to ALLEGATION of CORRUPTION, NEPOTISM and FAVOURITISM. ................. So the present CRISIS in SENIOR JUDICIAL LEVEL involving JUDGES who are part of the COLLEGIUM for appointing Judges of SC and HC may NOT be FULLY due to "RIGHTFUL INDIGNATION". ...................... All efforts to change the absolute power enjoyed by SC JUDGES to APPOINT HC and SC JUDGES in CONTRAVENTION to the INDIAN CONSTI-TUTION were REJECTED by SC JUDGES THEMSELVES including the National Judicial Appointments Commission (NJAC) Act and the 99th Cons utional Amendment passed by the Indian Parliament.
          1. Apollo Z
            Jan 12, 2018 at 6:48 pm
            Four spoiled the plot to make SC subvert to BJP. Especially considering the Amit Shah Case. And saved the judge from suddenly developing cardiac arrest.
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