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  1. #1
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    As judicial crisis continues, debate bubbles up: Should the justices have gone to the


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    Former SC Judges and Lawyers have reacted differently

    The gist of the issue is ‘something wrong with the functioning of SC’

    Now what is the image of public on judiciary..?

    As judicial crisis continues, debate bubbles up: Should the justices have gone to the press?

    The judiciary has a tradition of silence, at least beyond the bench, which has now been broken




    Even as people are struggling to fully comprehend the meaning of Friday’s unprecedented development, with four top Supreme Court justices telling the media the Chief Justice of India had refused to address a crisis, a debate sprung up that was central to the matter at hand: Should the judges have gone to the press?

    Supreme Court justices rarely every address the media directly. Norms in both the Supreme Court and the High Courts suggest that any comments need to be made from behind the bar and, if there is the odd case of a response directly to the media, the Chief Justice needs to first give permission. It is even rarer for judges to speak openly about internal processes. These norms made Friday’s media briefing, with four of the five senior-most judges of the Supreme Court sitting before a host of cameras and reporters and speaking directly to the people of the nation, truly extraordinary.

    There has already been plenty of debate over the substance of the accusations being levelled against the Chief Justice. According to the four judges, Chief Justice Dipak Misra has in the last few months, arbitrarily decided how to assign cases to different benches in a manner that has raised serious questions and, as per their letter, damaged the reputation of the court.
    But alongside that argument about content has been the question of form. Even if the four judges had a valid point to make, should they have gone to the media at all?

    Read more at: https://scroll.in/article/864815/as-...e-to-the-press
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    Look at the support of Congress, AAP & Communists to the 4 Judges!! It is very clear who is behind this outburst...Fast tracking Ayodhya case by CJI is the real sore point for the quartet!!
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    Judges' outburst 'unfortunate', says former CJI

    January 12, 2018 21:33


    Former chief justice of India K G Balakrishnan today described the unprecedented action of four Supreme Court judges of listing out the problems afflicting the institution as "unfortunate" and "painful".

    He added that the judges should have discussed the matter and resolved it among themselves.

    "The judiciary is the sanctuary of the common man. This kind of a situation will trigger doubts about the institution and this should not have happened," Justice Balakrishnan told reporters in Thiruvananthapuram.

    The judges should now move forward to find a solution to the situation, he added.

    Stating that he was not blaming anyone for the development, Justice Balakrishnan said such a situation should not have occurred in the first place.

    In an unprecedented move, four senior judges of the Supreme Court -- justices J Chelameswar, Ranjan Gogoi, M B Lokur and Kurian Joseph -- called a press conference today and stated that "sometimes, the administration of the Supreme Court is not in order and many things, which are less than desirable, have happened in the last few months".

    Asked if the press meet called by the four judges was improper, Justice Balakrishnan said it was not a criminal offence and that there was nothing wrong in it.


    Reacting to the development, former Supreme Court judge Justice K T Thomas said the matter should be taken very seriously as four senior judges of the collegium had come out and spoken.

    Recalling that he too was a part of the collegium in the past, he said that they were always consulted by the chief justice on every important issue. -- PTI

    http://news.rediff.com/commentary/20...6e4d81fdae1a66
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  7. All views expressed by the Members and Moderators here are that of the individuals only and do not reflect the official policy or view of the TamilBrahmins.com Website.
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    It is unfortunate that four Supreme Court Judges have come out in open to sort out an internal matter within the higher judiciary. The public could not understand what benefit can be achieved by bringing the internal matter in the open. We hope that the higher judiciary should not allow the politicians to sneak into the realm of internal judicial administration.

    Brahmanyan
    Bangalore.
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  10. #6
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    hi

    political appointments always problems...judiciary very important in a democracy..
    asato maa sadh gamayaa, tamaso maa jyotir
    gamayaa, mrityor maa amritham gamayaaa..
    om shanti, om shanti, om shanti...upanishad
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    While former Chief Justice of India expressed shock over the unprecedented development and said that the Government should not interfere in the matter and that Chief Justice of India should ‘resolve’ the crisis with statesmanship, S.Swamy has said that these four Judges' ‘virtual rebellion’ should be respected and the P.M. should interfere.

    Acted in interest of judiciary, justice: Kurian Joseph


    Joseph said that they acted solely in the interest of judiciary and justice, a day after he and the three other judges took the unprecedented step of addressing a press conference.

    He rejected suggestions that they had violated discipline and expressed the hope that their actions will bring in more transparency in the administration of the Supreme Court.

    "Stood up for justice and judiciary.... That is what we said there (in New Delhi) yesterday. Nothing beyond tha ..


    Read more at:
    //economictimes.indiatimes.com/articleshow/62485667.cms?utm_source=contentofinterest&utm_medi um=text&utm_campaign=cppst
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    All sensitive cases must be assigned to Constitution bench: Former judges


    Four retired judges on Sunday asked the Chief Justice of India Dipak Misra to ensure all "sensitive and and important cases including pending ones," are dealt with by a Constitution Bench of the five senior most Judges of the Supreme Court.


    They said it is important to reassure the people that the Supreme Court is functioning in a fair and transparent manner and that "the power of the Chief Justice as master of roster is not being misused to achieve a particular result in important and sensitive cases."

    In an open letter released by advocate Prashant Bhushan, the former judges said the issue of arbitrary allocation of cases to "hand-picked benches of junior judges" as raised by four senior most judges on Friday must be resolved with laying down of clear rules and norms to ensure assiging cases to judges in "rational, fair and transparent manner".

    Demanding immediate steps in this regard, they said, "However till that is done, it is important that all sensitive and important cases including pending ones, be dealt with by a Constitution bench of the five senior most judges of this court."

    The letter was signed by former SC judge Justice P B Sawant, former Delhi High Court Chief Justice A P Shah, former Judge, Madras High Court Justice K Chandru, and former Judge, Bombay High Court Justice H Suresh.

    Their suggestion is somewhat in line with a resolution passed by the SC Bar Association on Saturday. The apex court lawyers body which said all PILs, including the pending ones, should be heard by the court of first five judges including that of the CJI.

    http://www.deccanherald.com/content/...-assigned.html



    Not everything in the world is BJP vs othrs.
    We should not see the world with this view of US Vs Them.
    Last edited by prasad1; 14-01-2018 at 06:30 PM.
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  16. #9
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    What stinking rot within judiciary was daringly exposed by four renowned sitting judges, was endorsed by the retiree judges. It is an alarm signal which the centre could hardly ignore. The CJI who has all the blessings of BJP, on whom scores of controversies stare at, has been in the midst of storm. The exposure of his bias and manuevres have brought utter disregard to the centre. Given the questionable allocation for high profile cases like of Amit shah, Chauhan and many, the credibility of the third pillar of judiciary has gone abysmally low. BJP which made RBI and EC to dance to its jarring tunes, stands exposed now as the gumtuous black brothren have come out openly against the CJI. .

    http://www.deccanherald.com/content/...-assigned.html
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    The BCI delegation, led by its Chairman and senior advocate Manan Kumar Mishra, is meeting all the apex court judges today to discuss on the issue.

    Sources said the delegation has already met several apex court judges, including Justice R K Agrawal, and has also sought an appointment to meet CJI Misra in the evening today.

    A BCI source said that the seven-member delegation's meetings with the judges will be on till late in the evening as some of the judges are away from Delhi and likely to return in the evening."The delegation would request them (judges) to resolve the issue at the earliest.

    The council is of the unanimous view that it is an internal matter of the Supreme Court," the BCI has said in its press statement.


    It has also cautioned political parties and politicians "not to criticise the judiciary and/or to make it an issue, because it would weaken the independence of our judiciary which is the protector of our democracy".


    Yesterday, Justice Gogoi had said "there is no crisis" while Justice Jospeh had said that there was no need for an outside intervention to solve the issue.

    Regarding these statements, the BCI has said, "These are positive statements in strengthening the Indian judiciary and it establishes that the matter would be resolved soon."

    The Supreme Court Bar Association (SCBA) had yesterday expressed "grave concern" over the differences of the four seniormost judges with the CJI and had said the issue should be immediately considered by the full court of the apex court.

    The SCBA executive committee, which held an emergency meeting, had resolved that all public interest litigation (PIL) matters, including the pending PILs, should be either taken up by the CJI or be assigned for adjudication to four senior judges who were part of the apex court collegium.

    Besides CJI Misra, others in the collegium in accordance with seniority are -- justices Chelameswar, Gogoi, Lokur and Joseph.

    http://www.deccanherald.com/content/...dies-hold.html
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