Who will judge the judges In an unprecedented move, 4 judges of the S.C have held a press conference and gone public, The issues raised are serious in nature, medical council of India Case, allocation of cases to select benches, equitable distribution, streamlining functioning of Collegium, appointment of Judges. In fact at the press conference the former CJI was in tears due delay of justice due to lack of appointments. Judges have opined that democracy is in peril under present circumstances. They have stressed that the case of death of judge Loya should have been allocated to a senior judge and the outcome could have been different .There is insinuation that one senior politician was discharged, bias, and political interference is not ruled out., The Family of Judge Loya is suspecting foul play and they need to be assured of a fair probe. The 7 page letter written by credible 4 judges, in line for promotion have had no response for 2 months and hence cannot be accused of recourse to in house remedy. These allegations against CJI is described as mutiny, split at the top, But judges are on record for speaking for themselves, discharging debt to the nation and have not accused,leveled charges against anyone in particular, stating further that the administration is not in order and democracy is in peril under present circumstances. The judges have been bold and forthright in their utterances. The anguish of senior judges is understandable on the need to address grave issues to be transparent, reasonable, systematic and convey to general public that justice seem to have been done specially in high profile cases, because in many legal cases less than desirable outcomes have happened.
It is a question of modality though undesirable to go public, but extraordinary circumstances demand extraordinary response. These issues raised are serious that merit , in-depth introspection. It may have different connotation in public perception and shaken their faith, respect in judiciary. Internal rumblings have come to fore like never before thus damaging credibility perhaps. There are certainly no violations of priority in going to people’s court for solution for loss in temple of justice. Congress wants SIT to probe Loyas mysterious death is a just demand bereft of political mileage., BJP dismisses it as internal matter of Judiciary, hoping it will be resolved soon. Govt. at all times have indirectly tried to interfere indirectly to suit their personal interests, and BJP is no different The CJI has not spoken to the press to clarify his stand if any, as yet. There is a coordinated effort to run down the move of going public, instead of capitalizing the issues raised therein and scrutinizing dispassionately for the good of the Nation, akin to chasing the shadow instead of concentrating on the substantive points, The debate must address the pints raised instead of gunning for the judges for their bold stand Nelson Lopes Chinchinim