Is Democracy in DANGER?
On 12th January, Four senior judges of the country’s apex court – Justice Chelameswar, Justice Gogoi, Justice Kurien, and Justice Lokur – called for a press meet and declared that the administration of the Supreme Court was not in order.
Their main concern about which they talked about openly was allotment of cases to the bench of junior judges over senior judges means they were not happy with the decisions taken by Chief Justice of India Dipak Misra. Media widely covered this press conference and the issue was widely debated but media failed to put few things and connect them with the press conference intentionally or unintentionally.
Let me remind you what was said at the press conference, that "there was an immediate need to preserve the judiciary system in the country if democracy has to be protected."
This is what the judges said in the press conference:
1. This is an extraordinary in the history of the nation. It is an extraordinary event in the history of the Constitution
2. Hallmark of good democracy is an independent judiciary, without it, democracy won't survive
3. The administration of the Supreme Court is not in order and many things less than desirable has happened in the past few months
4. We are left with no choice but talk to the nation directly
5. Things less than desirable has happened in the Supreme Court. We tried to collectively persuade the CJI so that he takes remedial measures but our efforts have failed. Four of us are convinced that for the survival of democracy, an impartial judge and judiciary is needed
6. We met the CJI today morning also, but we failed to convince the CJI
7. We have seen a lot of wise men but we don't want wise men to tell us later after 20 years that the four of us have sold our souls. We construe this as a responsibility to the nation and we have done it.
8. We are no one to impeach (when asked if CJI Dipak Misra should be impeached).
9. We have spotted things in the last few months. Tried to intervene but to no avail. Twenty years from now, the nation should not say we sold our souls.
10. About a couple of months back, four of us gave a signed letter to the Chief Justice of India. We wanted a particular thing to be done in a particular manner. But the way it was done, it raised further questions about the integrity of the institution.
8. We are no one to impeach (when asked if CJI Dipak Misra should be impeached).
9. We have spotted things in the last few months. Tried to intervene but to no avail. Twenty years from now, the nation should not say we sold our souls.
10. About a couple of months back, four of us gave a signed letter to the Chief Justice of India. We wanted a particular thing to be done in a particular manner. But the way it was done, it raised further questions about the integrity of the institution.
And then from the very next day,
If you read point no. 2, 3 and 4 again after reading above cuts from the newspaper and then compare them.
Let me also tell you that retired Chief Justice of India Justice JS Khehar recommended Justice Dipak Misra as 45th Chief Justice of India. Either Justice Kehar didn't know Dipak Misra well or these four judges don't know him well.
My very simple answer to the desperation of the judges is "CJI has the prerogative to allocate matters."
You can ask or write or suggest or recommend or suggest CJI to do whatever you think but after all, the final decision maker is Chief Justice of India.
We need to look at the ethics or the rules by which they are bounded. That too has been broken by WHISTLEBLOWERS.
Now let's take a look at another part of it. Day before the press conference, Justice Chelameswar met the national secretary of Communist Party of India (CPI) D Raja at his house which gives an impression to me at least that it was pre-planned and well strategised. Also, we need to remember that media didn't approach these four senior judges but they called the press.
Catholic Bishops' Conference of India agreed and encouraged the actions taken by judges.
Catholic Church encouraging judges and this makes the whole scenario more suspicious. Let me also remind you that government has banned foreign funding to the NGOs under which Catholic missionaries come too. I would also like to remind you about NGOs involved in conversion from one religion to the other.
It was well tried to ignite Intolerance 3.0 by judges, vulture media and of course political hands completely backing them but abruptly failed. Remember, 2019 is very near.
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