CJI VERSUS SENIOR JUDGES

-In an unprecedented act, transcending judicial protocol that sitting judges should not interact with media,four senior judges of the Supreme Court held a press conference against CJI Deepak Mishra.

-Four judges who held the press conference were Justice J.Chelameswar, Rajan Gogoi, Madan B.Lokur,  Kurian Joseph.

-In press conference they said "for independence of judiciary and future of democracy at stake they had no other choice but communicate to the nation to please take care of this institution".They also said "any wise man 20 years later say that justices sold their souls and did not take care of interests of this illustrious institution.

Triggers behind press conference:

1)CJI Master of Roster

-Four judges publicaly accused CJI Deepak Mishra of selectively assigning cases to judges of his choice.

-CJI is the Master of Roster that means he choose that which judge will be appointed to do which matter.

-There should be multi member body who should appoint the judges to take up different.The CJI along with collegium (group of senior judge) should appoint the judges to take up which judge should be given which case.

Instances in history where multi person body is formed as a head when one person was taking bised decision :

a)In 1974 emergency was proclaimed by the then PM Indira Gandhi by the assent of President alone  (which was not so wise decision on his part) . After that Article 74 was inserted so that proclamation of emergency can be done by the council of ministers(Hence multi person body,which was more wise).

b)When Election Commission of India was not working properly then also multi person body was appointed to head it.

c) Likewise when CAG was not working properly then also multi person body was appointed.

d)When RBI's Monetary Policy Committee which was headed by Raghunath Rajan and he was taking biased decisions. Then also multi person body was appointed to head it.

-Beside that appointment of judges is also done by collegium of judges so why not Master of Roster be the CJI and senior judges.

2)College Bribery Case

-It was the case involving former Orissa HC Judge I M Quddusi and others, accused of trying to influence court proceedings over an application to grant admission rights to a medical college barred by the Medical Council of India (MCI), is being dealt with . Justice Chelameswar  the senior most judge after the CJI who performed the role for some time Master of roster when Justice Mishra was busy in other matters , was first handed a written note by the CJI and asked not to assign the matter. Later,the CJI broke the hearing of the Constitutional Bench and explicitly overruled J Chelameswar's rostering.The matter was assigned to be heard by a bench which included the CJI himself.

3) Mysterious Death of J Loya

Justice Chelameswar recounted that the trigger for the meeting they held with the CJI regarding the assignment of a petition seeking an independent probe into the mysterious death of B.H.Loya,to a particular Bench.

Justice Loya was the CBI judge hearing the Sorabuddin Sheik Encounter Case.

Next day J Loya son stated "Since the past few days due to media reports our family is facing a lot of pain. We have no allegation against anyone"

-Two petitions demanding an independent probe into the 2014 death of CBI Special Judge B.H.Loya will came before the Bench of J Arun Mishra and Mohan M Shantangounder.

-Then it was taken up by the Bench headed by the CJI.

-SC decides to hear the petition seeking probe in Judge Loya's Death and orders transfer of petition pending before Bombay HC to SC.

Meanwhile other cases were taken up by Constitutional Bench.

-The Constitutional Bench formed earlier to hear the matter comprises of CJI Mishra,  Justice A.K. Sikri,  A.M. Khanwilkar,  D.Y.Chandrachud and Ashok Bhushan. It will now take up for hearing

1)The challenges of Aadhar.

2)Criminalisation of homosexuality  (Sec.377 case)

3)Restrictions on entry of women into Sabrimala temple , the question raised by a Parsi woman that bars her entry into fire temple because she had married outside her religion.

4)A petition challenging the adultery provisions in IPC which says woman can not be punished for adultery and only man can be punished.

5)A petition on whether lagislators facing criminal cases should be disqualified at the stage of charges being framed against them.

6)The petition before the Bench concerns the taxation .

7)Another petition deals with Consumer Laws.

In all the above case the Bench is made excluding all the four judges who held the press conference.

CONCLUSION

Master of Roster should be given to multi member body. When multi member body is formed each member give his opinion. It is much more democratic. Even if majority rule will apply the members in minority can also give their dissenting opinion.

SOURCES
THE HINDU,THE INDIAN EXPRESS.