Finality of SC verdicts under threat!

A soft coup is what the opposition is trying to pull off. And a coup it is, because what the opposition is unable to do with elections it is trying to do by breaking an important pillar of Democracy — the Judiciary.

The 64 MPs, by signing the motion to impeach the Chief Justice of India (CJI) are helping Congress party, who gave us Emergency, another chance to chip away at our Democracy. And the opposition is firing from the shoulders of the four Senior Judges of the Supreme Court, who had called a press conference to air their dissent against CJI Dipak Misra.

We bet these four Judges did not imagine politicians would hijack their dissent for political gain.

In fact, just three weeks after that press conference, Sitaram Yechury of  CPI(M) initiated a move among opposition members to impeach the Chief Justice based on the claims made by the four disgruntled Judges. But sadly for him the Congress has hijacked his political game plan.

Funnily, the Judge who said our “Democracy was in danger” because the CJI was sending cases to whomsoever he wanted, which by the way is his right as a CJI, now says, “CJI’s impeachment is not a solution and it is the system which needs to be made transparent.”

The four Supreme Court Judges by calling a press conference on January 12 lit the spark and now politicians are warming themselves around the fire with the hope that they will rule the house one day. Unfortunately, they’ve lit the fire inside the house, just like they did in 1975.

Many may remember Justice Chelameswar, during the press conference of the ‘disgruntled’ said, “I don’t want another 20 years later some very wise men in this country blame that Chelameswar, Ranjan Gogoi, Madan Lokur and Kurian Joseph sold their souls. They didn’t take care of this institution, they didn’t take care of the interest of this nation.” Well dear Judges, by calling the press conference and encouraging politicians to get involved with the internal matters of the Supreme Court, you have done just that. History will judge you for weakening the Indian Judiciary.

Now, where was the opposition all these days? Did they realise that the CJI was not suited for his job only now? Just after Justice Loya’s case got thrown out? Also, it has been reported that the allegations against the CJI are not even impeachment worthy and won’t go through. And how can it?

The motion if admitted has to be cleared by a three-member committee, which then must be passed with a 2/3rd majority in each house where the opposition has no numbers. And by the time all this happens CJI Misra will be long gone as he retires in six months.

Also what will be interesting to see is if the Vice- President M. Venkaiah Naidu refuses to admit the petition to impeach the CJI then the opposition will have to go to the Supreme Court to act against the Vice-President ! Yes, they have to get permission to impeach the Chief Justice from the Chief Justice himself !?  This would pit Judge against Judge. What is the opposition trying to achieve?

This reckless move by the opposition reeks of desperation. All we can assume is that they are doing this in preparation for Ayodhya verdict.

It was reported that Congress leader and senior advocate Kapil Sibal, who is leading the impeachment brigade, had urged the CJI to put off the hearing of Ram Janmabhoomi-Babri Masjid case till 2019 Lok Sabha polls citing “huge political ramifications” but CJI Misra did not oblige.

So, is Congress preparing for the Ayodhya verdict? In case it goes in favour of a temple, at least Muslims will be grateful to them for trying to kick out a “partial” Judge according to them?

By casting aspersions on the CJI, the Congress and other Opposition parties have snatched away the all-important finality of a Supreme Court verdict. Are we now to believe that Supreme Court verdict is not the final word and that if you are not happy with the verdict you can impeach the Judge and go back to the case till you get the verdict you want?

If these politicians and these former Judges really wanted to help the Judiciary, let them first debate the judicial reforms and repeal the numerous outdated British laws that we still follow. Let them cleanse the Judiciary at the lower courts which is affecting most Indians. And finally, let us make frivolous cases punishable.

For now, all that the opposition has done is that in the garb of “saving” the Judiciary they are trying to save their own political future. The grand-mother took our Democracy to the Emergency; the grandson wants to induce a cardiac arrest. That said, this reckless ambition of a young prince, who desperately wants to show his political mettle by using the Judiciary as an instrument of politics, has left an indelible mark in our history, the kind his grandmother left, the kind we wish to forget.

e-mail: vikram@starofmysore.com

View Comments (5)

  • There are 24 judges in the panel.
    Out of this, 4 judges have created the fuss. Out of this, Kurian Joseph is the judge who told that women should be allowed to enter Sabarimala temple.
    But when Prime Minister called emergency meeting of judges on a Good Friday, the same Kurian Joseph told it is hurting religious sentiments.
    So, he is not bothered about Hindu sentiments but is bothered about Christians sentiments. He is the first person to do a programme in a Christian TV Shalo. He had gone to Italy to participate in the purification function of Mother Theresa. He is a hardcore Christian fanatic. He is made a judge by Congress to make Churches happy for their votes and also to dance to the music of Congress when need arises.
    That is what he is doing now. The other judge Chalameswar is a hard core Communist party supporter. He has made Communist ideologies into law books. He is made a judge by Congress to make the alliance partner Communist Party happy. This is why Communist Party leader Daniel Raja met him immediately after the Press Conference.
    Till now, CJI was allotting cases to judges in such a way that the judgement will be written based on their master Congress party dictates. But now, after Deepak Mishra became CJI, he made changes.
    As a result, these 4 judges atr not getting cases as per their choice. Congress and Communist Parties are worried that will put problems as judgements on some major cases r expected soon.
    They are National Herald case where Sonia Gandhi and Rahul Gandhi are involved, Babri Masjid, 2G, Chidambaram and his son, case on the daughter of Daniel Raja, Communist leader, who was seen throwing stones at Police along with JNU students and terrorists, shouting to hand over Kashmir to Pakistan are some of them.
    This is a drama enacted by Congress and Communist parties, through their loyalist judges, to transfer Deepak Mishra, who is a straightforward CJI and will not dance to the music of Congress and Communist leaders.
    *This is the reason for these 4 Judges to complain on CJI

  • Nobody wants the CJI to dance to the tunes of any political parties! It appears that CJI is favouring the central Govt in some of the sensitive cases. In Loya's death people are seeing some unknown hands. It becomes important to the fact that BJP president has been involved in this case which was handled by Judge Loya. There were also good number of questions which gives raise to suspicion. In such nationally important case, CJI has ruled out any re-investigation into the death of Loya.
    Moreover, 4 SC judges had raised issues as far as roaster right of CJI. The 4 judges suspected that CJI is distributing important cases to judges who are loyal to him and hence his roaster right has to be reviewed. What they indirectly alleged is that the CJI is trying to protect the Central Govt and thus saving it from punishments. Isn't that a serious charge against CJI?
    Whats the problem in ordering for re-investigation of Loya's death once again ?

  • The three-judge bench that included chief justice Dipak Misra held that all litigations concerning circumstances of death of judge Loya is concluded with this judgement.
    Great analysis by KBG! Truth told very nicely black and white!
    It is not necessary that the decision should be agreeable to all parties! If justice Loya's son and family says he died of natural causes, then, Pappu should have no claims unless he is the illegitimate son of Loya!
    See the string words the 3 bench judge panel used!
    “PIL jurisdiction is being brazenly used by those who have an agenda to settle scores. The true face of the petition is seldom unravelled. It’s a serious concern as frivolous PILs detract court’s time from hearing genuine petitions of personal liberty,” the judges said. “There is no reason to doubt the consistent statements by judges who accompanied Judge Loya to Nagpur.”
    The Supreme Court also condemned the petitioners for referring to cases not related to the Judge Loya case, and said “unfounded aspersions” were cast on high court judges and insinuations were made that one individual was controlling the judiciary.
    The court pulled up the petitioners’ lawyers for making “scurrilous” remarks against the judiciary and doubting the statement of the high court judges. It said the action amounts to contempt against the petitioner for “scandalising” the judiciary but doesn’t issue notice.
    Judge Loya, who was hearing the alleged Sohrabuddin Sheikh encounter case, died of a cardiac arrest on December 1, 2014, in Nagpur, where he had gone to attend the wedding of a colleague’s daughter. BJP chief Amit Shah, among others, was named in the Sohrabuddin case and later discharged.
    The issue of Judge Loya’s death came under the spotlight in November last year after media reports quoted his sister as raising suspicion about the circumstances surrounding it and linking it to the Sohrabuddin case.
    But Loya’s son in January this year said his father died of natural causes.

  • They don’t trust Army. They don’t trust CJI. They don’t trust SC. They don’t trust EC. They don’t trust EVMs. They don’t trust RBI. They don’t trust PMO. They don’t trust President. And they saying Democracy in Danger
    The concept of democracy. Is Sonia rule with Rahul becoming the pm and Congress controlled CBI and SC where you can encourage terrorism and dislocate millions of kasmiri Pandiths and broadcast every terror as a Hindu terrorism.
    27 Hindu BJP workers are killed in karnatak and lots of Hindus killed in Kerala , but without any proof they want BJP to be implicated for Gauri Lankesh murder
    Now they have sensed that truth will prevail and lots icorruption cases may hit SC, so they want to discredit SC verdict

  • Now, Vice President too rejected the appeal by congress., So, any time from now on Rahul and his gang want the Vice Preseident to be impeached! They may take it up with President to impeach both CJI and VP and he may reject tgem both! Then congress will go to NDTV and declare that every one of the BJP MPs and CJI, VP, President of India and Modi and his government needs to be impeached! Pappu and Company will approach their friends in Pakistan and China to get the help !