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  • Category: Miscellaneous

    Four Judges of Supreme Court expressed their dissent against the mishandling of cases

    Four Supreme Court Judges in an unprecedented way came out against Chief Justice of India in front of the Press in a historical way. They told that to bring out the fact to the public that the functioning of SC is not in order which compelled them to act in this unprecedented way. One of the thing they brought out is, that there is serious mis allocation of cases to judges by CJI and proper order is not followed in order to do away with the cases. It was believed that the differences among the judges spurt during the assignment a of case regarding the death of Justice Loya. It is really pity to see such a kind of stunning mutiny among senior judges of the Lion hearted Supreme Court of India. It is not at all good for democracy or judiciary. Folks, can you analyze what incidents made them to come out in an unprecedented way like this and give your thoughtful views with regard to this issue.
  • #622728
    For the first time we are coming across such dissent voice from the judges of SC on the CJI which is really damaging for the country and its pride. We must go into detail before making comment.
    K Mohan
    'Idhuvum Kadandhu Pogum "
    Even this challenging situation would ease

  • #622763
    Judiciary is the most important functionary in a democracy. It is also the last resort. It is unfortunate that the four seniormost Judges of the Supreme Court had to address a press conference against the Chief Justice of India over the style of administration and allocation of the cases. They alleged that all is not well and as their letter to the CJI did not evoke any response, they are forced to come before the public. According to Justice Gogoi, the probe into the death of Judge Loya is the main reason for their outburst. The points raised by the four Supreme Court Judges need a thorough inquiry to restore the faith of the public in the judiciary.
    " Be Good and Do Good "

  • #622767
    Actually we made judiciary to like they are run by Gods. It's like they can't make mistakes and as normal people we can't say anything. But people are influenced by external pressure. I just wanted to reiterate my words which i said few days ago " Judiciary is also run by Humans. It is not machine run. Actually we take the assumption that every thing done by judiciary is correct but mistakes happens."

  • #622772
    As far as I learnt, the dispute emanates from the difference of opinion regarding constitution of Bench to judge the Medical Council of India case. This has now been snowballed. Although much is being said about these four judges, I should not make any comment. Only this much can be said that many retired judges of the Apex Court and High Courts, eminent jurists like Fali S Nariman and the Attorney General have opined that the press conference was not necessary.
    Non-violence is the greatest Dharma; So too is all righteous violence.

  • #622776
    A very unfortunate happening. A common man will lose his confidence in the judiciary system also if such incidents happen time and again. As said by Rahul the judiciary system is also run by human beings only but not by machines. As such sometimes small mistakes are bound to happen. These mistakes are to be sorted among themselves by having a brainstorming. But they should never go public. This is my personal feeling. Their ultimate aim should be to see that a culprit will never go scat free and an innocent should never be punished.
    I feel a thorough investigation of the issue is required and the findings should be made public so that the public will not lose their confidence in the judiciary system.
    Unless otherwise all the facts are known it is not possible to understand the real issue involved in the outburst of these four judges openly in the media.

    drrao
    always confident

  • #622811

    Going by what the papers say,I would applaud the four Supreme Court Judges for their courage and moral high ground to come out in the open with their allegations.

    I say this because, these are people with integrity involved in landmark rulings and one of them is in line to become the next Chief Justice of India. It is not an easy decision for them to take and come out to the press and the country. Going by what is reported, they have expressed their concerns since the last few months and even met the CJI before coming open.

    Yes, it does dent the image of the Supreme Court but extreme circumstances (who would even think of bias,political pressure or money influencing allotment of SC cases) needs extreme measures.

    There would be something that is seriously wrong and the four SC judges are correct in mentioning that, they don't want to be blamed later for the unhealthy practices within the SC and questioned later as to why didn't you say so. The minimum assurance that anyone wants from a court of justice is honesty and truth, when that is being questioned or compromised then, it needs to be and certainly would be looked into thoroughly.

  • #622827
    Very apt response by Mr.Natarajan. Someone has to come forward to bring the matter into the public view. This will not weaken the Judiciary but it will strengthen it.
    " Be Good and Do Good "

  • #622830
    Their complaint content is that the cases allotted by the Chief Justice to respective judges are not as per their experience and expectations and thus good cases are not given to them for deliverance. In India there is no dearth for cases in lower and higher courts and those who loose the case in High courts are certainly going to the SC. The judges if they feel free, they can dispose off the cases at the entry level if they found that the allegations and level of charges are not substantiate and thus they can save the valuable court time also. Many cases are diluted by simply giving dates for no reasons.
    K Mohan
    'Idhuvum Kadandhu Pogum "
    Even this challenging situation would ease

  • #622836
    I feel that we should not talk about the issue at this juncture. Many things are unknown to us. Appointment of Judges in higher courts is a controversial subject and much debate is going on on the present Collegium system of appointment of Judges. We must not comment about the present dispute only hearing one side.

    So far as corruption and process of appointment of Judges are concerned, we may read 'The State of the Nation' written by Fali S. Nariman, for in-depth understanding.

    Non-violence is the greatest Dharma; So too is all righteous violence.

  • #622854
    It is very good on part of the four senior judges to come out boldly to the public to enlighten the public with the facts otherwise things will be hidden in darkness. They also reiterated if they don't do this after 20 years public may realize this fact and may call them as traitors of democracy. The agony of judges through their letters and press meet clearly indicating the influence of governments pressure on judiciary. I don't agree to those members who are airing to keep things in darkness.

  • #622868
    It is an unfortunate happening. I am not in the know of the real causative facts behind the incident. But I have my own inner feeling that whatever we heard may not be the only truth and there could be many more things lying hidden. Anyway, it is better for all to keep control and not to blow up things unnecessarily. Courts especially the Supreme court is the last resort for aggrieved citizen. That faith should not get shaken.

  • #622894
    The four Judges should not have gone public about an issue that should have been discussed and solved within the chamber. I am of the opinion that their act has been unethical and may even be termed as a misconduct, especially because of the position they are holding. For the rest of the issue, I agree with Partha that it would be better to wait for the facts and figures before forming an opinion or putting up comments. Let us remember that a disorder in the judiciary will only help (help) in crumbling our democratic system about which we need to be aware.
    'Our knowledge is a receding mirage in an expanding desert of ignorance'- Will Durant.

  • #622896
    #622854: '' The agony of judges through their letters and press meet clearly indicating the influence of governments pressure on judiciary.''

    I would request the author to kindly spare some time to study in-depth about indirect political push and pull on the appointment and functioning of judiciary. This tendency has been there for at least 42 years. Please check the controversy of appointment of Chief Justice of India during the emergency. I have also mentioned a book written by eminent jurist Fali S. Nariman in this regard.

    So far as the four judges are concerned, little bit background checking would definitely help.

    Non-violence is the greatest Dharma; So too is all righteous violence.

  • #622897
    #622896, the whole issue does seem to have some political background (the case regarding the death of Justice B. H. Loya who heard the alleged Sohrabuddin Sheik fake encounter case), but let us not start assuming or speculating till the entire matter is clear to us. I think we need to act responsibly at times in the interests of the nation.
    'Our knowledge is a receding mirage in an expanding desert of ignorance'- Will Durant.

  • #622905
    Deleted.
    Non-violence is the greatest Dharma; So too is all righteous violence.

  • #622906
    1. Late Justice B.M. Loya's son met the Chief Justice of Bombay High Court and stated that the family had no complaint about the death of the late Judge. Link:-
    https://timesofindia.indiatimes.com/city/mumbai/loyas-son-meets-cj-says-family-does-not-suspect-any-foul-play/articleshow/61842642.cms?from=mdr

    2. A brother Judge who was present in the hospital during death of Justice Loya, has also mentioned that there was no foul play. Link:-
    http://postcard.news/justice-loyas-death-not-mysterious-confirms-justice-bhushan-gavai-hospital/

    Non-violence is the greatest Dharma; So too is all righteous violence.


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