National / World

Judicial uprising: Swamy says 4 SC judges should be respected, PM must interfere


New Delhi, Jan 12 (Deccan Chronicle): The country was taken by storm on Friday as four top Supreme Court judges virtually rebelled against the Chief Justice of India, Dipak Misra, at a press meet after he brushed aside their grievance with the judicial system.

Lawyer and senior BJP leader Subramanian Swamy, and former Supreme Court judges were quick to react to the 'virtual rebellion' by the four top judges of the apex court.

"We can't criticise them, they are men of great integrity and have sacrificed a lot of their legal career, where they could've made money as senior counsels. We must respect them. PM must ensure that the 4 judges and CJI, in fact whole SC come to one opinion & proceed further," Swamy said.

Not all reactions, however, were quite so welcoming.

Retired SC judge, Justice RS Sodhi said, "I think all 4 judges should be impeached, they have no business to sit there and deliver verdicts anymore. This trade unionism is wrong. Democracy in danger is not for them to say, we have parliament, courts, police functioning."

While another former apex court judge PB Sawant, spoke in favour of the judges, saying, "they had to come before media and take this unprecedented step. This means that there is a serious dispute, either with Chief Justice of India (CJI) or some internal dispute."

Former Supreme Court judge, Mukul Mudgal also spoke along the same lines as PB Sawant. "There must be some serious reason that they were left with no other option but to hold a Press Conference. But what connection Loya has with this? I know nothing about this & I don't want to make comments about any political matter," Mudgal said.

The same support also rang true in lawyer and politician Prashant Bhushan's words, who said, "It is certainly a very serious development which has cast a huge shadow on the Chief Justice. Somebody had to confront the situation, where CJ is blatantly misusing his powers, hence the unprecedented step."

Other Supreme Court advocates also reacted to the press meet which is being called the first of its kind in the country.

Senior Advocate Salman Khurshid expressed sadness and pain, along with "a sense of agony that highest court of land should come under such severe stress that forces judges to address the media."

Senior Lawyer Ujjwal Nikam's reaction was fraught with worry for the future of India's judiciary. "This is a black day for Judiciary. Today's press conference would cause a bad precedent. From now on every common man could look at all judicial order with suspicion. Every judgement will be questioned," Nikam said.

Supreme Court advocate KT Tulsi said, "It's quite shocking. There must have been compelling reasons for the senior-most judges to have adopted this course of action. One could see pain on their faces while they were speaking."

Indira Jaising, Supreme Court Advocate and head of NGO Lawyer's Collective, however, saw this move as historic. She welcomed the gesture and said it was extremely well done as the people of India have a right to know what is going on within the judiciary.


Comment on this article

  • Raj, Mangalore

    Sat, Jan 13 2018

    Will an independent judiciary survive in BJP's cow republic? The chances of an independent judiciary do not look good.

    DisAgree [1] Agree [5] Reply Report Abuse

  • mahesh, Mangalore

    Sat, Jan 13 2018

    Prime Minister Indira Gandhi superseded Justice Khanna in 1977 despite the fact that he was the then senior-most judge in the Supreme Court and a natural choice to be the next Chief Justice of India. Justice Khanna chose to retire immediately.
    On an earlier occasion, in 1973, following the Kesavananda Bharati judgment, which toppled Ms. Gandhi’s Constitutional amendments to give Parliament supremacy over the judiciary and introduced the basic structure doctrine, three senior-most judges of the Supreme Court — Justices J.M. Shelat, A.N. Grover and K.S. Hegde — resigned after the government superseded them to appoint Justice A.N. Ray as CJI to succeed then CJI S.M. Sikri.
    The supersession was considered a serious attack on judicial independence and often called the “blackest day in Indian democracy”.

    DisAgree [4] Agree [2] Reply Report Abuse

  • Af,,, Mangalore

    Sat, Jan 13 2018

    Amit Shah is Now GADA GADA.

    DisAgree [1] Agree [7] Reply Report Abuse

  • Declan, Mumbai

    Sat, Jan 13 2018

    On a lighter note why do we need Supreme Court or any court for that matter ? Times Now gives judgements 24 hours a day and we know in whose favour too.

    DisAgree [1] Agree [15] Reply Report Abuse

  • Vincent Rodrigues, Bengaluru/Katapadi

    Sat, Jan 13 2018

    JUSTICE LOYA CASE WILL BE A BIG BLOW TO SHAW WHO IS REPORTED TO BE INVOLVED IN THIS CASE

    DisAgree [2] Agree [8] Reply Report Abuse

  • Declan, Mumbai

    Sat, Jan 13 2018

    It is considered not 'politically correct' to cast aspersions on the judiciary in a democratic country irrespective of what people believe or don’t believe. Are there some bad judges ??? We are aware of the role of the judge who gave Reddy bail and why that bail was then cancelled. It is commendable what the four senior SC judges did today to expose the wrongs only with a view to have matters rectified. Propriety and probity in the judiciary are paramount and judges must be seen to be above any suspicion and the people of the country have the right to know if there is something wrong going on and judges are sworn by the Constitution and duty bound to reveal wrong doing. CJI was unresponsive in spite of repeated attempts to resolve the matter leaving the 4 senior SC judges with no better option than to reveal it to the people of the nation. One of the contentious issues for these judges is the Justice BH Loya's death case vis-a-vis the Sohrabuddin fake encounter case where Amit Shah was the main accused.
    Does the provision for impeachment indicate the acceptance that there can be errant judges ? Sweeping problems under the carpet and giving an impression that everything is fine when it is not so will actually weaken democracy and not strengthen it.

    DisAgree [2] Agree [5] Reply Report Abuse

  • Raj, Mangalore

    Sat, Jan 13 2018

    The leader of the vandals' party is entrusted to preserve, protect and defend India's institutions. Incredible India.

    DisAgree [1] Agree [2] Reply Report Abuse

  • Francis, Shirva/UK

    Sat, Jan 13 2018

    Daku Amit and bashan bai Modi become more arrogant after the election success and started to interfering with judiciary, election commission, midia and education institutions, people's life style, food habit and many more. Now results coming up for all this crazy acts. In my personal opinion I blame people who voted these foolish politicians before thinking their own and their children's future. God save our India.

    DisAgree [2] Agree [15] Reply Report Abuse

  • ad, mangaluru

    Sat, Jan 13 2018

    Is CJI acting like Modi? You be the judge. Hats off to these judges. Save our nation from rogues.

    DisAgree [1] Agree [13] Reply Report Abuse

  • mahesh, Mangalore

    Sat, Jan 13 2018

    Prime Minister Indira Gandhi superseded Justice Khanna in 1977 despite the fact that he was the then senior-most judge in the Supreme Court and a natural choice to be the next Chief Justice of India. Justice Khanna chose to retire immediately.
    On an earlier occasion, in 1973, following the Kesavananda Bharati judgment, which toppled Ms. Gandhi’s Constitutional amendments to give Parliament supremacy over the judiciary and introduced the basic structure doctrine, three senior-most judges of the Supreme Court — Justices J.M. Shelat, A.N. Grover and K.S. Hegde — resigned after the government superseded them to appoint Justice A.N. Ray as CJI to succeed then CJI S.M. Sikri.
    The supersession was considered a serious attack on judicial independence and often called the “blackest day in Indian democracy”.

    DisAgree [8] Agree [2] Reply Report Abuse

  • Raghavendra M K, Mumbai Maharashtra

    Sat, Jan 13 2018

    mahesh sir, the issue is not the succession of judges on their seniority for appointment of CJI, The four judges taken other serious issues in their press conference such as allotment of cases, partiality attitude and system change in judiciary otherwise the effect the Democratic fabric of judiciary political system of the country.

    DisAgree [1] Agree [12] Reply Report Abuse

  • leslie, udupi

    Sat, Jan 13 2018

    School rule says rusticate them...
    But human rule says listen to them...
    Life never stops with 4...
    It never starts with 4 either...
    But Kuch to hai...
    Modiji kuch karo.....

    DisAgree [4] Agree Reply Report Abuse

  • leslie, udupi

    Sat, Jan 13 2018

    All comment...
    No one owns....
    Life needs leaders who really care...
    But what do we really have,,,???

    DisAgree [3] Agree Reply Report Abuse

  • Swamy, Mangalore

    Fri, Jan 12 2018

    This is a very serious development. This will have even more serious consequences on international level. After 2014 since BJP assumed power the whole country is on dictatorship and the democracy has been squashed to the corner. Is India joining China-Pakistan way or a Banana republic soon???????.......

    DisAgree [3] Agree [38] Reply Report Abuse

  • geoffrey, hat hill

    Fri, Jan 12 2018

    When Amith Bhai is the prime accused in the Sohrabuddin encounter case ( which Loya was hearing) what good will Narendra Bhai's intervention do?

    DisAgree [5] Agree [32] Reply Report Abuse

  • Valerian Dsouza, Udupi/Mumbai

    Fri, Jan 12 2018

    4 (four) SC Judges have leveled very serious allegations.
    In their Video, hey have alleged that in their working Govt is interfering and autonomy of courts is in danger.
    They further allege that such things never happened in their career of 35 years!!
    They have not been able to resolve their issues internally and had to call press conference is in fact very grave situation.

    DisAgree [5] Agree [27] Reply Report Abuse

  • sri_elder, Karkala

    Fri, Jan 12 2018

    Just like any tom, dick and harry, these four too have freedom of expression...
    Please do not punish them...
    Instead have one to one meeting and listen their stories individually...
    I hope no political party behind them?

    DisAgree [32] Agree [7] Reply Report Abuse

  • geoffrey, hat hill

    Sat, Jan 13 2018

    You know very well that your 'HOPE' is contrary to your conviction.

    DisAgree [2] Agree [7] Reply Report Abuse

  • Nazeer Husain, jeddah KSA

    Fri, Jan 12 2018

    YEH THO HONA HI THA. kul ja sim sim........ MR modi and amit shah both are so rude and arrogant dictators in their fuctioning style. Then will it not impact on judiciary? The leaders who heard in their whole life almost rss shaakha guidance which is far away from inclusive democracy then how can they be real democrats. If we see the sting operation of baabu bajrangi he was telling how modi favoured him to get bail on that time by transferring the court judge. It shows that if SUPREME COURT has issues like this then imagine what about NIA or CBI and their biased reports. MODI SAAB ABHI LOG AAPKO TRIPLE TALAQ DENA ZAROORI HAI

    DisAgree [5] Agree [23] Reply Report Abuse

  • Declan, Mumbai

    Fri, Jan 12 2018

    Amit Shah will not come to Karnataka for campaigning now. Justice Loya case will haunt him and give fodder to BJP's opponents.

    DisAgree [6] Agree [26] Reply Report Abuse

  • HENRY MISQUITH, Bahrain

    Fri, Jan 12 2018

    Out of 25 judges of SC only 4 felt this ???? Why media focussing on these 4 ??? If these judges are not able to solve their problems with discussions how the are able to solve the cases impartially.

    DisAgree [32] Agree [15] Reply Report Abuse

  • sharan, mangalore

    Fri, Jan 12 2018

    They had the guts to do it as they were compelled to.CJI did,nt give them a chance for discussion.The rest of the judges must be scared or neutral , afraid to take a stand or may be pro CJI.Why have,nt they spoken against these 4 then?

    DisAgree [5] Agree [30] Reply Report Abuse

  • moshu, mangaluru

    Fri, Jan 12 2018

    Shocking delvepopment in worlds largest democracy country. Certainly dark days waiting ahead for Amit Shah and BJP. Ooperwale ke insaaf me der hai andher nai....

    DisAgree [7] Agree [35] Reply Report Abuse

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