India Supreme Court judges: Democracy is in danger

India Supreme Court judges: Democracy is in danger

Addressing the press the next-in-line CJI justice Jasti Chelameswar said that "we went to the CJI with a letter a few months back for a particular thing to be done in a particular way".

Four Indian Supreme Court judges took the unprecedented step of publicly criticising the chief justice today. Justice Lokur is said to have written the letter after obtaining the consent of Justices Ranjan Gogoi and Joseph, both members of the collegium. CJI Misra is a judge of the Supreme Court of India and a former Chief Justice of the Patna and Delhi High Courts.

January 12 (NT): Four judges of the Supreme Court on Friday said that they have released a debt to the nation by issuing an appeal to the nation to save the justice-institution "Supreme Court". Unfortunately we could not convince him. The association asked the court to set up a commission of inquiry headed by a retired Supreme Court judge.

"... We were left with no choice except to communicate it to the nation that please take care of the institution..."

The letter that was addressed by these four judges to Misra suggests that as "master of the roster" the CJI had not exercised his power to assign cases to various benches in accordance with conventional rules of bench composition and strength.

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"Responding to a question whether CJI Misra should be impeached, Justice Chelameswar said", Let the nation decide that".

Chelameswar and Rohinton Fali Nariman formed the two judge bench of the Supreme Court of India which struck down a controversial law which gave police the power to arrest anyone accused of posting emails or other electronic messages which "causes annoyance or inconvenience".

"And all four of us are convinced that democracy is at stake and many things have happened in recent past", he said.

Although some might say that making the problems within the judiciary public harms the stature of the courts and the institution's integrity, the four justices point towards the higher calling, that of the very fundamental values that the judiciary, and thereby democracy itself, stands for. "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". We wanted a particular thing to be done in a particular manner.

Justice Gogoi said that by placing the facts before the nation, they have discharged debt to the nation. The court has been facing criticism for not bringing more women judges into its fold even as more and more gender-sensitive and women-centric cases reach the Supreme Court for adjudication.

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