Supreme Court crisis: Four retired judges write open letter to CJI Dipak Misra
New Delhi: 4 retired judges, together with an ex-Supreme Courtroom choose, on Friday, wrote an open letter to the chief justice of India, saying they agree with the problems raised by the 4 apex court docket judges over the allocation of circumstances and the disaster must be resolved “inside the judiciary”.
Learn: Open letter to the CJI by former SC Decide and former judges of Excessive Courts
The letter penned by former apex court docket choose PB Sawant, ex-chief justice of Delhi Excessive Courtroom AP Shah, former Madras Excessive Courtroom choose Ok Chandru and ex-Bombay Excessive Courtroom choose H Suresh was launched to the media. Nonetheless, it was additionally extensively shared on the social media.
Justice Shah confirmed having written an open letter together with the opposite retired judges to the reporters.
“We’ve written the open letter which the opposite judges named within the letter have additionally consented to,” Shah stated.
He stated that the view expressed by the retired judges is “fairly just like the views of the Supreme Courtroom Bar Affiliation (SCBA) that until this disaster is resolved, the vital issues ought to be listed earlier than a five-judge Structure bench of senior judges”.
Justice Shah stated that earlier he was unsure in regards to the consent given by the opposite three judges and, subsequently, he initially denied having written any letter however now all of them have given consent to it.
“The 4 senior Judges of the Supreme Courtroom have delivered to gentle a severe subject relating to the style of allocation of circumstances, notably delicate circumstances, to numerous benches of the Supreme Courtroom,” the 4 retired judges have been reportedly stated within the letter.
“They’ve expressed a grave concern that circumstances are usually not being allotted in a correct method and are being allotted arbitrarily to notably designated benches, usually headed by junior judges, in an arbitrary method. That is having a really deleterious impact on the administration of justice and the rule of legislation,” the letter additional stated.
The 4 retired judges stated that they agree with the 4 judges of prime court docket that although the CJI is the grasp of roster and may designate benches for allocation of labor however this doesn’t imply that it may be completed in an “arbitrary method” such that, “delicate and vital circumstances” are despatched to “hand-picked benches” of junior judges by the chief justice.
“This subject must be resolved and clear guidelines and norms have to be laid down for allocation of benches and distribution of circumstances, that are rational, truthful and clear,” they stated, including that this have to be completed “instantly to revive public confidence” within the judiciary and within the Supreme Courtroom.
The letter additional stated that “nonetheless until that’s completed, it can be crucial that every one delicate and vital circumstances together with pending ones, be handled by a Structure bench of the 5 seniormost judges of this Courtroom”.
It added, “Solely such measures would guarantee the those that the Supreme Courtroom is functioning in a good and clear method and that the facility of the Chief Justice as grasp of roster just isn’t being misused to attain a specific end in vital and delicate circumstances. We, subsequently, urge you to take instant steps on this regard.”
(With PTI inputs)