Former Indian ASG Sharan says CJI, SC judges should talk it out

Live Updates'Cases Fairly Distributed' Say Sources In Supreme Court

The four judges also circulated a letter accusing the Chief Justice of assigning important cases selectively to benches "of their presence with no rationale", hinting that CJI Misra had sought to influence the outcome.

Reuters could not immediately reach the chief justice for comment.

A battery of senior Congress politician-lawyers including Kapil Sibal, P Chidambaram, Manish Tewari, Vivek Tankha and Salman Khurshid were present at the press conference. I'm very upset about this, I wish the four Supreme Court judges hadn't done this. While those like Indira Jaising hailed the historic nature of the conference, others have called the conference as something that will "set a bad precedent". However, in a remarkable co-incidence, senior advocate Dushyant Dave pointed out in lucid detail what some of these incidents could be in an article (http://www.livelaw.in/chief-justice-india-law/) published a day before the tumultuous events. However, the four judges pointed out at the press conference that a big crisis has been created with the Chief Justice of India taking unilateral decisions without taking into confidence even senior judges of the collegium. We will be meeting all the judges at the Supreme Court. The four judges had tried to meet the CJI to prevail upon him to take corrective action and not assign cases arbitrarily but in vain.

Venugopal on Friday had said the judges could have avoided going public with their complaints against Justice Misra.

The other three judges, at the interaction with the media were, Justices Kurian Joseph, Madan Bhimrao Lokur and Ranjan Gogoi.

"The administration of the SC is not in order and many things which are less than desirable have happened in last few months", Justice Jasti Chelameswar, one of the four judges, told reporters.

"The Government of India has not responded to the communication and in view of this silence, it must be taken that the MoP as finalised by the Collegium has been accepted by the Government of India on the basis of the order of this court...."

The serious maladies plaguing the judicial system in India can not be cured by external medication.

Asked whether he felt that the judges should not have come out in the open with their grievances against the Chief Justice, Joseph said, "Any problem, everyone can see two sides".

Justice Chelameswar said the four judges had met the CJI this morning and "raised issues affecting the institution" but had "failed to persuade CJI that certain things are not in order and therefore you should take remedial measures". It needs to be looked into carefully.

Referring to Congress' remarks on the unprecedented move by the judges, Mishra said, "We have given an opportunity to Rahul Gandhi and the political parties to talk about our judiciary, it's unfortunate". While the government has so far indicated that it would like the judiciary to sort out the matter internally, AG has expressed hope that all the judges would soon be able to bury their hatchet.

"The first meeting of SCBA will be done with the Chief Justice of India".

They also raised a flag against the way the court has dealt with finalising the new memorandum of procedures, guidelines that guard the appointment of judges to the Supreme Court and High Courts.

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