Irreparable damage done to Judiciary: Justice Hegde
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Irreparable damage done to Judiciary: Justice Hegde

Bengaluru: Expressing deep anguish over four Supreme Court Judges going public on issues related to the Apex Court, former Supreme Court Judge and former Karnataka Lokayukta Justice N. Santosh Hegde yesterday said that he was “devastated” by their action which has caused “irreparable” damage to the institution. “As a retired Judge of the Supreme Court, I feel devastated,” he said.

“It is very unfortunate that the internal dispute of the judiciary was brought out in this manner publicly. What the four Judges have done yesterday by holding the press conference to bring out their dispute in public is that they’ve denigrated the institution of judiciary. There are reasons for people to be aggrieved with the system but unlike other wings – the Executive and the Legislature – the Judiciary doesn’t discuss its disputes in public. It is bound to protect its own integrity,” he said.

“For some reason or the other, their cause is justified, (but) relief they are seeking is wrong … going to the media? No. Judiciary was always considered as a family. Family disputes are never taken to the streets,” he said.

“In democracy, people have lost faith in the Legislature and the Executive, and their faith lies only in judiciary now. The delay in disposal of cases is one of the things that is causing concern to people and diminishing their confidence in the system, and Judges going public with their allegations have further dented people’s faith in the system,” Justice Hegde said.

“It amounts to a Constitutional crisis now. And it will lead to all sorts of criticism from aggrieved people from the judiciary and people who have benefited from the judiciary will not speak about it. And in the long run, judiciary is (will become) another subject matter of Tom, Dick and Harry,” he said.

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The former Karnataka Lokayukta said judiciary is totally different from Legislature and Executive, and the four Judges, by raising allegations in public, have brought them to the same level.

“I have no doubt that Judges of the SC have good grievances against the Chief Justice of India. I have no difficulty about that. But the method used by them to find relief from the public is wrong. It should be decided within the family (of judiciary) itself, and not brought into public discussion. It is fully wrong and it is a damage that can never ever be repaired,” he added.

“The judiciary survives on public confidence. People believe that the judiciary is behaving ‘judiciously’. But public belief in our system will definitely be damaged by the press conference. It will give the other two wings of the country enough ammo now to attack the judiciary. I am very saddened that the institution that has survived unblemished for the last 70 years, since it was founded after the country’s Independence, has run into such times,” he said.

January 13, 2018

7 COMMENTS ON THIS POST To “Irreparable damage done to Judiciary: Justice Hegde”

  1. Peter says:

    1. Two days back, CJI Dipak Misra ordered a special investigation team (SIT) to reopen 1984 Sikh riots cases and investigate 186 cases related to it.
    .
    2. Last month, CJI Dipak Misra slammed Kapil Sibal when he asked to postpone the judgement of Ram Janmbhumi case after July 2019.
    .
    3. Justice Dipak Misra is leading the bench which will pass judgement on Rama-janmabhumi case.
    .
    4. The judges collegium, everyone knows is a part of the “ecosystem” created over the last 7 decades and has always thwarted efforts to let “outsiders”come in the circle. It was this collegium which Modi Government wanted to dismantle through NJAC and wanted that people’s representatives should have a say in Judges appointment. The entire Judiciary ably supported by Congress derailed the entire activity and refused to comply.
    .
    5. Well, the campaign against Dipak Misra, maligning the CJI (a constitutional post) baselessly and asking his impeachment a day after he ordered reopening of Sikh riots case and is set to pass judgement on Rama-janmabhumi case shows the power of ecosystem.
    .
    As retired SC Judge RS Sodhi said, “These four judges have formed a union. There are 23 other judges as well. This trade unionism to malign the office of CJI is immature and uncalled for. These 4 judges have no right to sit in the highest court and must be impeached.” I agree with Justice Sodhi.
    #CleanTheCollegium
    #IStandWithDipakMisra
    #Ecosystem_Activated

    Via: Kshitij Mohan Singh

    P.S.: The Congress Ecosystem is in Universities, Bureaucracy, Judiciary and every where you can imagine in this country. We have only the people’s support to dismantle the ecosystem and the filth called Congress which considers this Country it’s inherent property because they have developed that ecosystem which provides it oxygen, day in and day out.
    Because they want media to fight their case, we should have public polls about if their concern is true or political, if majority finds it was just politics, they must be impeached and jailed for making the judiciary toxic

  2. Even after conceding that the serious crisis in the Supreme Court of India may have been a stark reality needing urgent resolution the glaring media expose by the four senior judges of the Court was unprecedented and unwarranted. As retired Chief Justice of the Supreme Court Santhosh Hegde has observed it should have been avoided at all costs if only to pave the way for a fair and amicable solution to the worst ever crisis which has shocked the nation.The seniormost judges of the apex court should have had the good sense to realise that airing their reservations and grievances through the media would only render their amicable resolution which should be achieved as early as possible that much more difficult.The bitter truth is that making amends for destroying the credibility of the Indian judiciary on which the entire democratic structure rests is going to be more difficult than somehow resolving it’s present sorry state of affairs.

  3. Prakash R says:

    I don’t know whether I am right or wrong, nowadays, people like me are surprised that lots of people who were accused of criminal charges, financial frauds, grave civil offenses are getting acquitted by the courts. Ex: Mining barons Reddys, BJP President Amit Shah (Sohrabuddin Case), Raja (2G), late Jayalalita, Lalit Modi (IPL fame), Vijay Mallya (When he was in India, he was not arrested!) etc.
    I am not sure whether match fixing can also happen in judicial proceedings. The 4 Supreme Court Judges have said that they had approached CJI and have complained about the maladministration. As per them the CJI has not done anything to correct it. They were left with no option but to go public. I think they have done a good job, otherwise how do we the common people know that such a bad condition exists. Moreover the 4 judges complained that the CJI is allocating politically sensitive cases to junior judges who are favorable to them (them here means the Govt!). How can such a thing can be tolerated by the senior SC judges? Also one of the judges, Gogoi, mentioned that the Maharashtra (Nagpur, I think) Court which was handling Sohrabuddin death Case, in which the present BJP President was a party (accused?) and the judge was Justice Loya, who died suspiciously must be investigated. After the mysterious death of Justice Loya, Mr. Amit Shah was acquitted. The family of Loya complained that he was threatened, he was offered crores of Rupees to give favorable judgement to Amit Shah!!
    Seeing all these, the suspicion on CJI is natural and questionable. The brave judges have done a great job in protecting the judiciary.

  4. The four Supreme Court judges going to the media to bring down the position of the Chief Justice of India is not pardonable. In fact they should have first resigned and then could have made any allegation which could have been investigated. All these four judges need to be impeached since they brought down the position of the Judiciary in a Democracy. Collegium system of selection of judges and confirming them in their position is wrong since it preempts the opportunity for the common man to know the background of the Judge. In a democracy Constitution is Supreme which is owned by the people. Hence people need to know the calibre of their judges. There should be public hearing before any one one is appointed. If the collegium system is knocked down the unionism now shown by these top four judges may go away. Ganging up against CJI is wrong. Theses so called learned judges why did they not follow a simple procedure of approaching the President of India with a documented evidence against the CJI. They did not submit any complaint to the President of India. The lack of it clearly shows probably they did not have ground but only want to settle the personal score. It is high time these responsible persons in high position stop using media to create sensational journalism with no merit in it. It is time they should be impeached for violating the code of conduct of a judge and demeaning the judiciary.

  5. mirle Surappa says:

    Justice Hegde sir you state that four senior Judges of SC by holding press conference have done irreparable damage to the judiciary. Prior to holding the press conference, these four judges have met CJ and tried to convince him on using his powers of master of roster in a more transparent and absolutely above board manner. It appears that CJ did not heed to four of his equally eminent judges. Under such situation what is the better course of action left to them. Do you think they should have approached government for intervention.? Do you think even if they have approached , government would have taken steps to correct the situation?. Perhaps one other measure was to to take the help of remaining 23 judges and collectively spoken to CJ. However, t his could have been easily construed as instigation and ganging up. These days large number of decision making authorities or bodies in all sectors take it granted that they can do anything and get away. Under this situation there was no alternative other than bringing the malady to the public glare. This bold and courageous act of four Judges has not in any way diminished the dignity of Judiciary , but only helped in strengthening it for our future generations. Country needs more people of this tribe who are not only courageous , bold but honest to the core and demonstrated impeccable integrity in all walks of life.

  6. SURAPPA says:

    Justice Hegde Sir you state that four senior Judges of SC by holding press conference have done irreparable damage to the judiciary. Prior to holding the press conference, these four judges have met CJ and tried to convince him on using his powers of master of roster in a more transparent and absolutely above board manner. It appears that CJ did not heed to four of his equally eminent judges. Under such situation what is the better course of action left to them. Do you think they should have approached government for intervention.? Do you think even if they have approached , government would have taken steps to correct the situation?. Perhaps one other measure was to to take the help of remaining 23 judges and collectively spoken to CJ. However, t his could have been easily construed as instigation and ganging up. These days large number of decision making authorities or bodies in all sectors take it granted that they can do anything and get away. Under this situation there was no alternative other than bringing the malady to the public glare. This bold and courageous act of four Judges has not in any way diminished the dignity of Judiciary , but only helped in strengthening it for our future generations. Country needs more people of this tribe who are not only courageous , bold but honest to the core and demonstrated impeccable integrity in all walks of life.

  7. Harsha says:

    Now the preliminary findings have revealed that for the past 50 years highly sensitive cases have been given to juniors and seniority was not a criteria! Even in the tenure of these 4 judges, 15 sensitive cases were given to juniors during the UPA era and they did not find any fault then! That means, they wanted to be in some cases specifically with their own personal interest, not necessarily because of any noble reasons!
    In any workplace, if people feel their seniority was not re ognuzed, they quit. This is nothing but trade unionism! Coincidentally there are either communist or Congress minded judges!
    We feel all these should be impeached, jailed or hanged if possible! This is just the continuation of the intolerant brigade working under the covers! No wonder they may Raja, Rahul jumps about it that democracy is in danger! If it is happening even during up a era, then, how is democracy in danger?

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