A day divisions in the Supreme Court burst out in the open on Friday when four senior most judges took an unprecedented step of addressing the media to accuse Chief Justice Dipak Misra of breaching rules in assigning cases to appropriate benches, Attorney-General KK Venugopal said the press conference held by four senior Supreme Court judges could impact public confidence in judiciary.
At a hurriedly called press conference at his residence, Justice J Chelameswar and three other colleagues said the Supreme Court administration was "not in order" and their efforts to persuade Justice Misra even this morning "with a specific request" failed, forcing them to "communicate with the nation" directly.
The four judges — Justice Ranjan Gogoi, Justice Kurian Joseph and Justice Madan B Lokur besides Justice Chelameswar — released a letter they wrote to Justice Misra a couple of months ago, conceding that he was the master of roster but that was "not a recognition of any superior authority, legal or factual of the Chief Justice over his colleagues".
The press conference held by the four Supreme Court judges. PTI
Asked specifically if they were upset over reference of the matter seeking a probe into the suspicious death of Judge Loya, Justice Gogoi said: "Yes."
Judge Loya, who was hearing a case relating to the killing of gangster Sohrabuddin Sheikh in an alleged fake shootout in which BJP chief Amit Shah was named an accused (later discharged), died of cardiac arrest in 2014. His family has raised doubts over the circumstances in which Judge Loya died and have sought an independent probe into it.
Pleas seeking probe came up for a hearing in the Supreme Court on Friday when the top court expressed concerns over it and said it was a "serious issue". It asked the Maharashtra government to produce all the documents related to the case before 15 January.
In a seven-page letter, the four judges said they were not mentioning details of the cases only to avoid embarrassing the institution because "such departures have already damaged the images of this institution to some extent".
The clash among the judges in the highest court also comes in the wake of a controversial order in November in which Justice Misra declared that the Chief Justice "is the master of the roster" having exclusive power to decide which case will go to which judge.
The CJI had given the order a day after a two-judge bench headed by Justice Chelameswar had passed an order that a five-judge bench of senior most judges in the apex court should be set up to consider an independent probe into a corruption case in which bribes were allegedly taken in the name of settling cases pending before Supreme Court judges.
Holding that the Chief Justice was only the first among equals, the four judges contended that there were well-settled and time-honoured conventions guiding the Chief Justice in dealing with the strength of the bench required or the composition thereof.
"A necessary corollary to the above mentioned principle is the members of any multi-numbered judicial body, including this court, would not arrogate to themselves the authority to deal with and pronounce upon matters which ought to be heard by appropriate benches, both composition-wise and strength-wise with due regard to the roster fixed," they wrote in the letter.
They said any departure from the two rules would not only lead to "unpleasant and undesirable consequences of creating doubt in the body politic about the integrity of the institution" but would create "chaos".
The four judges also touched upon another controversial issue, the Memorandum of Procedure (MoP) on appointment of judges over which the Supreme Court had locked horns with the government.
The government, the letter said, had not responded to the communication and "in view of this silence it must be taken that the MoP has been accepted by the government on the basis of the order of this court".
Justice Chelameswar told the media that they were "convinced that unless this institution is protected and maintains its requirements, democracy will not survive in the country or any country... The hallmark of a democracy is independent and impartial judges."
"Since all our efforts failed... Even this (Friday) morning, on a particular issue, we went and met the Chief Justice with a specific request. Unfortunately we could not convince him that we were right."
Justice Gogoi said they were "discharging debt to the nation that has got us here".
The government appeared to distance itself from the controversy, saying the judges should sort the issue themselves.
Minister of State for Law PP Chaudhary said: "Our judiciary is one of the known, recognised judiciaries in the world. It is an indepenedent judiciary. At this stage I think no agency is required to intervene or interfere. The Chief Justice and other members should sit together and resolve. There is no question of panic."
The Supreme Court split had an immediate political fallout, with CPI leader D Raja saying after meeting Justice Chelameswar that Parliament will have to device methods to sort out problems like this in the top judiciary.
Two judges, Justice SA Bobde and Justice L Nageshwar Rao, are understood to have called on Justice Chelameswar.
With inputs from IANS
Published Date: Jan 13, 2018 12:30 PM | Updated Date: Jan 13, 2018 12:32 PM
Highlights
Ex-finance minister Yashwant Sinha attacks government, says democracy under threat
Speaking to reporters, former finance minister Yashwant Sinha attacked the Central government over the short Winter Session of Parliament and said, "If the country's Parliament is not in order, the Supreme Court is not in order, then democracy is under threat in the country. If the four senior judges have gone public then how is it a Supreme Court matter alone? If you read the letter, one thing is clear that Supreme Court judges or benches were appointed selectively to hear certain cases."
He further added that people would be failing in their national duty if they did not take note of this. "If political parties, or anyone concerned about the future of democracy in the country, don't take note of this, we fail in out national duty. It is a serious matter. All those who care about the future of the country and of democracy should raise their voice," Sinha said.
Attorney-General KK Venugopal leaves from residence in New Delhi
Nripendra Misra, Principal Secretary to Prime Minister, meets CJI Dipak Misra
CJI Dipak Misra consults few other Supreme Court judges, reports CNN-News18
RECAP: It was normal day in the Supreme Court, no hint of press conference
Nothing seemed amiss when the Supreme Court started work at 10.30 am on Friday, as always. Judges strode out of their chambers, lawyers fussed through the papers, litigants hung around and reporters took their assigned seats in court rooms.
But a brewing judicial firestorm, invisible to all except four judges, erupted an hour later, taking the nation by surprise and plunging the judiciary into an unprecedented crisis whose reverberations will continue to ring for years to come.
Around 11.30 am, Justice J Chelameswar and Justice Kurian Joseph rose for the day in their respective court rooms, numbered 2 and 5. Justice Ranjan Gogoi, in the meantime, rushed through and disposed of most of the day's listed business, while Justice Madan B Lokur heard matters in his chamber.
All four of them left the Supreme Court premises within minutes and gathered at the 4, Tughlaq Road Bungalow in Lutyen's Delhi, the official residence of Justice Chelameswar to hold an unscheduled press conference – no Supreme Court judge had ever addressed the media publicly.
The news of their sudden exit spread like wildfire in the corridors of the apex court, sending a shockwave among the journalists, lawyers and litigants and leading the scribes to scramble to the venue of the presser, about four kilometres away.
-PTI
Principal Secretary to Narendra Modi, Nripendra Misra, spotted outside CJI's house
SC Bar Association to hold meeting at 5 pm
CNN-News18 reported that the Supreme Court Bar Association will hold a meeting on Saturday over the judges' press conference on Friday at 5 pm. The SC Bar Association chief Vikas Singh will brief media at 6 pm.
A-G KK Venugopal says conflict will be completely settled
Speaking to CNN-News18, Attorney General of India KK Venugopal said the press conference held by four senior Supreme Court judges could impact public confidence. "Public confidence in the Supreme Court of India may be affected. We will settle this matter completely," he said.
Profile of the four SC judges who held the press conference: Justice Jasti Chelameswar
He is the second senior most judge of the apex court after Chief Justice of India (CJI) Dipak Misra.
Justice Chelameswar had stoked controversy several times and was in the news for not attending the collegium meetings on the appointment of judges for higher judiciary.
Justice Chelameswar was the lone judge who had dissented when a five-judge bench had struck down the constitution amendment and held as unconstitutional the National Judicial Appointments Commission (NJAC) Act. He was part of the nine-judge constitution bench which had declared right to privacy as a fundamental right.
Justice Chelameswar, who is set to retire as an apex court judge on 22 June this year, has also dealt with several important issues including Aadhaar and the JNU case which had witnessed violence inside the Patiala House Court complex in New Delhi.
No telephonic conversation has taken place between CJI, SC judges, reports CNN-News18
Former ASG Vikas Singh says judges' press conference was not planned, should have said something 'substantial'
Speaking to ANI, former additional solicitor general of India and the Supreme Court Bar Association president Vikas Singh said, "If they had to come for a press conference, then they should have said something substantial. Just creating doubts in the minds of people will not serve the interest of the judiciary. This was not properly planned. They didn't say anything about Justice Loya."
Omar Abdullah voices support for SC judges, says 'worst thing we can do is wish it away'
RECAP: Four SC judges call for press conference, accuse CJI Dipak Misra of 'breaching rules'
Divisions in the Supreme Court burst out in the open on Friday when four senior most judges took an unprecedented step of addressing the media to accuse Chief Justice Dipak Misra of breaching rules in assigning cases to appropriate benches, with one of them pointing to the plea regarding the mysterious death of Special CBI judge BH Loya.
At a hurriedly called press conference at his residence, Justice J Chelameswar and three other colleagues said the Supreme Court administration was "not in order" and their efforts to persuade Justice Misra even this morning "with a specific request" failed, forcing them to "communicate with the nation" directly.
The four judges — Justice Ranjan Gogoi, Justice Kurian Joseph and Justice Madan B Lokur besides Justice Chelameswar — released a letter they wrote to Justice Misra a couple of months ago, conceding that he was the master of roster but that was "not a recognition of any superior authority, legal or factual of the Chief Justice over his colleagues".
-IANS
Supreme Court Bar Association to hold a meeting, address press later today
Allegations made by 4 judges must be looked into: Rahul Gandhi
"All citizens are looking at this issue and it must be addressed. It is an unprecedented move, so the questions raised by the four judges should be thoroughly looked into," Rahul Gandhi said.
Senior most judges should hear PIL in death of Justice Loya, says Congress party
Speaking to the press, Congress spokesperson said that while the Congress party was deeply disturbed by these development, we would request the senior most judges to hear the case and appoint an independent SIT to probe it.
Issues raised by judges very disturbing: RS Surjewala
Surjewala quoting the letter written by the four judges said that the Congress party is deeply disturbed by these developments.
Judiciary will resolve internal matter on its own: MoS Law PP Chaudhary
"The judiciary is independent and reputed. They will resolve it themselves. The government should have no need to intervene," said MoS Law PP Chaudhary.
Explainer: What is a Supreme Court roster that the dissenting judges had objections to?
In the early years of its existence, the SC had only 7 judges and they would all hear matters together. But as the court expanded and its workload increased, the Supreme Court became an institution with multiple benches.
The record of the allotment of cases to benches is called the roster. The CJI is the first amongst equals at the Supreme Court and his judgments carry no more weight than any other judge of the court. But the CJI does have more administrative powers, which includes control on the roster. This means it is up to the CJI to decide which set of judges hears which matters.
A particular judge may have domain expertise in an area of law and therefore would be suitable for a particular matter while another judge may not. These decisions are often taken by the Chief Justice while assigning matters. While there is usually a system that is followed for most regular cases, when it comes to constituting special benches or assigning matters of constitutional import, the exercise of this power becomes as important as some of the decisions of the court itself.
How RP Luthra case played a part in igniting present controversy
The case of RP Luthra versus Union of India was specifically mentioned in the letter sent by four judges of the Supreme Court to the Chief Justice of India. The case pertained to appointments to the higher judiciary and the memorandum of procedure for doing so—issues which were highlighted in the press conference called by the judges on Friday.
Read the full article detailing the case here
Attorney General KK Venugopal says press conference 'could have been avoided'
Attorney General KK Venugopal said the unprecedented move by the four Supreme Court judges in holding a press conference "could have been avoided" and the judges would now have to act in "statesmanship" to ensure complete harmony.
"What has happened today could have been avoided. The judges will now have to act in statesmanship and ensure that the divisiveness is wholly neutralised and total harmony and mutual understanding will prevail in future," he said. - PTI
Irreparable damage done to judiciary: Santosh Hegde
Expressing deep anguish over four Supreme Court judges going public on issues related to the apex court, former Solicitor General of India N Santosh Hegde today said 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. "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 told PTI.
Legal fraternity says it's unprecedented, shocking
The decision of four senior-most judges of the Supreme Court to hold a press conference was today termed as "unprecedented" by the legal fraternity, with some experts terming it as "shocking" while some others saying there could have been some compelling reasons for such a move.
Parliament cannot remain mute spectator of crisis in judiciary: D Raja
Meanwhile... what is the controversy surrounding Justice Loya's death
The Supreme Court is currently hearing a plea seeking inquiry on the death of Justice Loya. This issue was raised up today after four Supreme Court judges went public with their allegations that CJI is not following procedure on allotment of cases. When one of the media persons asked the judges, whether their grievance about allotment of cases also related to the Justice Loya case, the judges nodded in affirmative.
Congress top brass reaches Rahul Gandhi's residence before party's press meet
The Congress senior leadership is in a huddle before they address the press on the party's stand on the crisis that unraveled today. The party will hold a press briefing at 6.30 pm.
Government not to interfere in 'clash of personalities' within judiciary: Reports
Mamata Banerjee remarks on "extreme interference" of Centre with Judiciary
Mamata Banerjee tweeted on the issue, expressing her anguish and disappointment on the open fall out between Supreme Court judges. She, however, also added that "extreme interference of Central Government with Judiciary" is dangerous for society.
Justice Chelameswar ready for dialogue to sort out issue: CNN-News18 report
News18 said it has learnt from sources close to Justice Chelameswar that the judge is ready to hold a discussion with his colleagues to sort out the issue. He has also reportedly said that his intention was never to humiliate the CJI but he did what he could to raise his point.
CJI yet to make up his mind on briefing media: Reports
According to CNN-News18, Chief Justice Dipak Misra will confirm later whether he wishes to go public with his response over the issues raised by four senior Supreme Court judges. It is likely that the CJI chooses to address his colleagues first, before going public with a statement, the report said.
Kapil Sibal to meet Rahul Gandhi at 5 pm, before Congress presser
CPI's D Raja meets Justice Chelameswar
According to a report by CNN-News28, CPI's D Raja met Justice Chelameswar, one of the four Supreme Court judges who held a press conference earlier today, speaking out publicly against the CJI. However, it was not clear whether Raja's meeting with the Supreme Court judge was related to the matter. Reports say that Raja shares a close family relation with Justice Chelameswar.
Meanwhile, CPM, another Left-wing party has demanded a thorough investigation "to understand how the independence and integrity of judiciary was being affected."
The dissenting judges had different views on Collegium system of appointment
CNN-News 18 reported that the four judges who have come out in public against the CJI had differences on the matter of appointment of judges. While Justice Chelameswar was the lone dissenting voice, who spoke against the Collegium system, Justice Gogoi and Justice Joseph, however, said that the traditional system must be upheld.
Congress to hold press briefing at 6.30 pm over Supreme Court controversy
Judges should not make it an issue of egos but principle: Former judge AK Ganguly
Former Supreme Court Judge AK Ganguli said that the CJI cannot afford to be rigid on issues like this after all this is not a matter of clash of egos but a matter of principle. These should have been thrashed out within the institution, he added. "I heard that the justices said that they tried and approached the CJI but did not succeed. Well, the CJI must try and resolve this internally as he must first earn the confidence of his peers, that is how he will become the Chief and not my merely by seniority," Ganguly said.
Yes CJI is master of rosters but he can't be arbitrary in his choices: Indira Jaisingh
Speaking to IndiaToday senior advocate Indira Jaisingh said, "We all know that the Chief Justice of India is the master of the roasters, but he cannot behave arbitrarily. He has to take on record the feedback provided by his colleagues."
Bar Council of India says it was unaware of judges' internal matter, will meet tomorrow to discuss issue
Subramanian Swamy bats for establishing consensus amid judges, says these are men of great of integrity
“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 four judges and the CJI, in fact whole Supreme Court come to one opinion and proceed further,” Swamy said.
Four judges went public against CJI because issues raised were grave: Justice Mudgal
Let the judges sort it out among themselves: Centre plans to distance itself from crisis
Top government sources told News18 that the Centre is likely to distance itself from the crisis, in the hope that the judges will be able to sort it among themselves.
"This is an internal matter of the judiciary, it is best they solve it themselves,” a top source told CNN-News18, adding that Law Minister Ravi Shankar Prasad has received a copy of the dissenting note circulated by Justice J Chelameswar, Justice Ranjan Gogoi, Justice Madan B Lokur and Justice Kurian Joseph.
No CJI press briefing at 2 pm: Misra met Venugopal for Unitech case
CJI Dipak Misra had called Attorney General KK Venugopal for the Unitech case and not about the judges press conference as some media outlets are putting it out, Bar and Bench tweeted. "The CJI is hearing cases like he does everyday," Bar and Bench further reported.
We are concerned, says Congress
The Congress said "democracy is in danger" after four seniormost Supreme Court judges came out in the open to say that the situation in the apex court was "not in order".
"We are very concerned to hear 4 judges of the Supreme Court expressed concerns about the functioning of the Supreme Court. #DemocracyInDanger," the Congress' official Twitter handle said.
People have the right to know what's going on within the judiciary: Indira Jaisingh
If the four judges have taken this last resort it also says that there is something seriously wrong with the judiciary: Santosh Hegde
Writing for News18, former Supreme Court judge Santosh Hegde says:
"It is very unfortunate that the internal dispute of the judiciary was brought out in this manner publicly. What the four judges have done today 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.
By this I don’t mean to imply that I’m supporting the Chief Justice of India. The four judges have got good reasons to challenge the monopoly of the CJI. But they should have challenged him in the confines of the four walls of the judiciary.
Going to the press is the last resort. And if the four judges have taken this last resort it also says that there is something seriously wrong with the judiciary. But I wish these issues were settled internally. The required changes within the system should have been brought about internally."
Read full report here
Some damage, yes, but not permanent damage: Ex-advocate general Maharashtra
Former Maharashtra Advocate General Shreehari Aney says, "I agree, some damage has been done to the office of Chief Justice of India (CJI), but this is not a permanent damage"
Market crashed to its lowest to 34349.99 points at 12:45 pm
The markets responded adversely after four Supreme Court judges held a press conference for the first time in the history of Independent India.
The Bombay Stock Exchange stood at 34606 points at noon on Friday and fell to 34550.2 points at 12:15 pm, at the time the press conference of the Supreme Court judges began and further fell to 34423.8 at 12:35 pm, exactly five minutes after the press conference ended, plummeting by 183 points in a span of half an hour.
The market crashed to its lowest to 34349.99 points at 12:45 pm, taking a hit by 256 points as compared to the figures at noon before the presser.
CJI Misra will make a statement soon
According to sources in the Supreme Court, CJI Dipak Misra is likely to make a statement at a special hearing in a short while when the apex court resumes its proceedings for the day.
Soon after the four judges ended their media address, the Chief Justice had called upon Attorney General KK Venugopal to chart his next course of action.
This proves there's a serious dispute within the judiciary: Former SC judge
Judges had to come before media and take this unprecedented step. This means that there is a serious dispute, either with Chief Justice of India or some internal dispute, says PB Sawant, former Supreme Court judge on press conference by four sititng Supreme Court judges
CJI determines which judges/benches hears cases, but when the matter involves the CJI himself, the chief shouldn't be involved
The Chief Justice determines which judges/benches hears cases of a particular type (i.e Criminal Appeals go to X, Civil Appeals go to Y, Writs go to Z). When it comes to constituting larger benches though, that becomes CJI's absolute discretion (3 or more judges), just like any boss can decide who gets what special assignments. Ideally, the Chief gets this power cause he's expected to know who's the best person for the job.
But it comes with a caveat, when the matter involves the Chief himself, the Chief shouldn't be involved in the decision to preserve integrity of the institution. But in this case, Misra didn't follow that procedure at all.
They've denigrated the institution of judiciary: Former SC judge Santosh Hegde
Former Supreme Court judge Santosh Hegde, was quoted as saying, "It is very unfortunate that the internal dispute of the judiciary was brought out in this manner publicly. What the four judges have done today by holding the press conference to bring out their dispute in public is that they’ve denigrated the institution of judiciary... When the judiciary goes for public opinion it spells the end of judiciary."
Deeply sad and pained, says Salman Khurshid
"Deeply sad and pained by the development. Also feel a sense of agony that highest court of land should come under such severe stress that forces judges to address the media," says senior advocate Salman Khurshid.
Modi speaks to law minister Ravi Shankar Prasad
Sources tell ANI Prime Minister Narendra Modi spoke to Law Minister Ravi Shankar Prasad about the allegations made by the four Supreme Court sitting judges.
‘Chief Justice is only the first amongst the equals — nothing more or nothing less’
On Friday, Justices J Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph addressed the media to highlight their grievances about how cases are allocated in the Supreme Court. Read the full text of the letter issued by the four Supreme Court judges
CJI to address media at 2 pm
5 top questions raised in the 7-page letter:
1) Is top judiciary being run on whims?
2) Are most senior judges being bypassed by the CJI?
3) Are all big cases against Govt being assigned to "selective" benches
4) Is Govt interfering with highest judiciary?
5) Doesn't CJI need to answer?
This matter is extremely painful, and scary: Former law minister Ashwini Kumar
We can't criticise them: Subramanian Swamy on 4-sitting SC judges' media briefing
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. Prime Minister must ensure that the four judges and Chief Justice of India, in fact, the whole Supreme Court come to one opinion and proceed further, ANI quoted Subramanian Swamy as saying.
CJI Dipak Misra to meet Attorney General KK Venugopal shortly
The Chief Justice seeks to consult Venugopal on how to move further on this unprecedented development.
Excerpts from the 7-page letter written to CJI Misra from 4 sitting Supreme Court judges:
"Certain orders... have adversely affected judicial functioning... and independence of High Courts..." In another part, the letter reads, "Well settled... that Chief Justice is only first among equals – nothing more, nothing less."
CJI Dipak Misra will meet Attorney General KK Venugopal
Chief Justice of India Dipak Misra will meet Attorney General KK Venugopal shortly after the country’s top judiciary was rocked by an unprecedented press conference by four sitting judges. News18 reports that the meeting will take place at 1.30 pm.
We aren't mentioning details just to avoid embarrassing the institution
"We are not mentioning details only to avoid embarrassing the institution but note that such departures have already damaged the image of this instituition to some extent," Supreme Court judges' letter to CJI Dipak Misra.
All four should be impeached: Retired HC judge RS Sodhi
Retired Delhi HC judge Justice RS Sodhi hits out at Supreme Court judges — Justice J Chelameswar, Justice Ranjan Gogoi, Justice Madan B Lokur and Justice Kurien Joseph — for speaking out against CJI Misra.
“I think all four should be impeached. Four judges cannot come together and speak against the CJI like this. Why should the CJI cow down to them?”
It is immature and childish behaviour: Retired judge RS Sodhi
"Issues don't matter. It is their complaint on administrative matter. They are only 4, there are 23 others. 4 get together and show the Chief Justice in a poor light. It is immature & childish behaviour," Justice R S Sodhi was quoted as saying by ANI.
Watch: Four top Supreme Court judges address media
SC judges must have had compelling reason to call for the press conference
"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," SC advocated KTS Tulsi tells ANI.
Narendra Modi summons Law Minister after unprecedented press conference
Justice Ranjan Gogoi, on being asked if it is about CBI Judge BH Loya said, 'yes'
Earlier clashes between CJI Dipak Misra and the other judges
Bar and Bench had detailed the clash which took place between the CJI and Justice Chelameswar in November in Kamini Jaiswal's petition.
Chief Justice has been the subject of criticism
Senior Advocate and former president of the SC Bar Association Dushyant Dave in The Indian Express has pointed at serious issues in the constitution of benches and the allocation of work to such benches by the Chief Justice.
Images from the press conference
The judges have risen and the press conference is over
Justice Gogoi says there is nothing else to say, everything is in the letter
Senior Advocate Indira Jaisingh was present at the venue too
The judges try to distribute copies of the letter they gave to the CJI
However, they only had one copy of the letter. They have sent someone to get some photocopies of the letter.
Justice Chelameswar continues, mentions BH Loya death case
"The four of them gave a signed letter to the CJI. We wanted a thing to be done in a particular manner. The thing was done an unsatisfactory manner," said Justice Chelameswar.
"Today we went to the Chief Justice and asked him to do a certain thing," says Justice Chelameswar.
When pressed by the media, he acquiesced that this was about the BH Loya death case.
It appears that the four judges are upset with the Chief Justice Dipak Misra
Justice Chelameswar starts speaking
"With no pleasure in our hearts that we do this. But sometimes, the administration of the Supreme Court is not in order. We owe a responsibility to the nation to do this," says Justice Chelameswar.
"The democracy cannot survive without an independent judiciary. All our efforts to convince the Chief Justice have failed," he added.
Press conference about to start
Justice Chelameswar along with Justice Lokur and Kurian Joseph at the venue
12:30 (IST)
SC advocate Salman Khurshid asks if government interference was a reason for dissent in the judiciary
12:28 (IST)
Ex-finance minister Yashwant Sinha attacks government, says democracy under threat
Speaking to reporters, former finance minister Yashwant Sinha attacked the Central government over the short Winter Session of Parliament and said, "If the country's Parliament is not in order, the Supreme Court is not in order, then democracy is under threat in the country. If the four senior judges have gone public then how is it a Supreme Court matter alone? If you read the letter, one thing is clear that Supreme Court judges or benches were appointed selectively to hear certain cases."
He further added that people would be failing in their national duty if they did not take note of this. "If political parties, or anyone concerned about the future of democracy in the country, don't take note of this, we fail in out national duty. It is a serious matter. All those who care about the future of the country and of democracy should raise their voice," Sinha said.
11:55 (IST)
'They didn't say anything about Justice Loya'
11:49 (IST)
Omar Abdullah says the fallout is not an internal matter of the Supreme Court alone
11:46 (IST)
Meeting between the Chief Justice of India and the four 'dissenting' judges is unlikely to be held on Saturday as three of those judges are not presently in New Delhi: reports
11:32 (IST)
Supreme Court Bar Association's president Vikas Singh's interview with CNN-News18
11:25 (IST)
'There was no need to call a press conference'
"There was no need to go and call a press conference, and leaving ambiguity behind was the mistake. They gave scope to speculations. SCBA will now be proactive and make sure that this doubt instilled in common people is dealt with," Bar Association president Vikas Singh said to CNN-News18
11:21 (IST)
SC Bar Association president Vikas Singh says the chaos could have been avoided
11:18 (IST)
Attorney-General KK Venugopal leaves from residence in New Delhi
11:02 (IST)
Nripendra Misra, Principal Secretary to Prime Minister, meets CJI Dipak Misra
11:01 (IST)
CJI Dipak Misra consults few other Supreme Court judges, reports CNN-News18
10:50 (IST)
RECAP: It was normal day in the Supreme Court, no hint of press conference
Nothing seemed amiss when the Supreme Court started work at 10.30 am on Friday, as always. Judges strode out of their chambers, lawyers fussed through the papers, litigants hung around and reporters took their assigned seats in court rooms.
But a brewing judicial firestorm, invisible to all except four judges, erupted an hour later, taking the nation by surprise and plunging the judiciary into an unprecedented crisis whose reverberations will continue to ring for years to come.
Around 11.30 am, Justice J Chelameswar and Justice Kurian Joseph rose for the day in their respective court rooms, numbered 2 and 5. Justice Ranjan Gogoi, in the meantime, rushed through and disposed of most of the day's listed business, while Justice Madan B Lokur heard matters in his chamber.
All four of them left the Supreme Court premises within minutes and gathered at the 4, Tughlaq Road Bungalow in Lutyen's Delhi, the official residence of Justice Chelameswar to hold an unscheduled press conference – no Supreme Court judge had ever addressed the media publicly.
The news of their sudden exit spread like wildfire in the corridors of the apex court, sending a shockwave among the journalists, lawyers and litigants and leading the scribes to scramble to the venue of the presser, about four kilometres away.
-PTI
10:38 (IST)
Principal Secretary to Narendra Modi, Nripendra Misra, spotted outside CJI's house
10:29 (IST)
SC Bar Association to hold meeting at 5 pm
CNN-News18 reported that the Supreme Court Bar Association will hold a meeting on Saturday over the judges' press conference on Friday at 5 pm. The SC Bar Association chief Vikas Singh will brief media at 6 pm.
10:27 (IST)
Madhu Kishwar says if SC judges cannot trust each other, how will they deliver non-partisan judgments?
10:17 (IST)
Profile: Justice Kurian Joseph was part of SC-bench that set aside triple talaq
He was part of the five-judge constitution bench which by a majority of 3:2 had set aside the 1,400 year old practice of 'triple talaq' among Muslims. Justice Joseph, along with Justice RF Nariman and Justice UU Lalit, had delivered the majority judgment in the triple talaq case in which the then CJI JS Khehar was in a minority.
In a letter last year, Justice Jospeh had asked the Centre to consider revising leave travel concession (LTC) rules for judges of the apex court and granted them eight LTC in a year, instead of the present three. Similarly, he had written a letter in 2013 to the Chief Justice of the Delhi High Court raising the issue of lack of amenities in children parks in the national capital.
Justice Joseph is set to retire on 29 November this year.
10:12 (IST)
A-G KK Venugopal says conflict will be completely settled
Speaking to CNN-News18, Attorney General of India KK Venugopal said the press conference held by four senior Supreme Court judges could impact public confidence. "Public confidence in the Supreme Court of India may be affected. We will settle this matter completely," he said.
10:09 (IST)
Profile: Justice Madan B Thakur passed historic verdict criminalising sex with minor wife
He has been dealing with several important social issues like fake encounter killings in insurgency-hit Manipur, providing shelter to urban homeless, child marriage, prison reforms, uploading of sexual abuse videos on internet and a case related to destitute widows.
Justice Lokur-led bench in October last year had passed a historic verdict criminalising sex with a wife who is not a major holding that sexual intercourse with a girl below 18 years of age, even by the husband, would now amount to rape.
An order passed by Justice Lokur's bench temporarily lifting the stay and permitting sale of firecrackers in the Delhi-national capital region (NCR) before Diwali last year, had created a controversy. Later, another bench of the top court had held that firecrackers would not be sold in Delhi-NCR during Diwali.
The bench headed by Justice Lokur, who is set to retire on December 30 this year, is also dealing with issues like air pollution and preservation of historic Taj Mahal.
10:03 (IST)
Justice Ranjan Gogoi is in line to become next CJI after Dipak Misra retires on 2 Oct
He is in line to become the next CJI after Justice Misra retires as CJI on 2 October this year. He would have a tenure as CJI till 17 November, 2019.
Justice Gogoi-led bench had issued a contempt notice to former Supreme Court judge Markandey Katju for allegedly using "intemperate" language and "scandalising" the judiciary in one of his Facebook posts. Justice (retired) Katju had appeared before the apex court and tendered unconditional apology which was accepted by the bench.
Justice Gogoi's bench, which is dealing with the issue of Assam National Register of Citizens (NRC), had directed for publication of the draft NRC in the state by 31 December last year. It had rapped Assam chief minister Sarbananda Sonowal for his "intervention" in the process of publication of NRC.
09:58 (IST)
Profile of the four SC judges who held the press conference: Justice Jasti Chelameswar
He is the second senior most judge of the apex court after Chief Justice of India (CJI) Dipak Misra.
Justice Chelameswar had stoked controversy several times and was in the news for not attending the collegium meetings on the appointment of judges for higher judiciary.
Justice Chelameswar was the lone judge who had dissented when a five-judge bench had struck down the constitution amendment and held as unconstitutional the National Judicial Appointments Commission (NJAC) Act. He was part of the nine-judge constitution bench which had declared right to privacy as a fundamental right.
Justice Chelameswar, who is set to retire as an apex court judge on 22 June this year, has also dealt with several important issues including Aadhaar and the JNU case which had witnessed violence inside the Patiala House Court complex in New Delhi.
09:54 (IST)
No telephonic conversation has taken place between CJI, SC judges, reports CNN-News18
09:50 (IST)
Jignesh Mevani takes a dig at Narendra Modi; thanks the SC judges for 'not selling their souls'
09:42 (IST)
Former ASG Vikas Singh says judges' press conference was not planned, should have said something 'substantial'
Speaking to ANI, former additional solicitor general of India and the Supreme Court Bar Association president Vikas Singh said, "If they had to come for a press conference, then they should have said something substantial. Just creating doubts in the minds of people will not serve the interest of the judiciary. This was not properly planned. They didn't say anything about Justice Loya."
09:38 (IST)
BJP's Sambit Patra calls it 'internal matter' of SC; says Congress trying to gain political mileage
09:35 (IST)
Actor Prakash Raj says Centre 'cannot hold things from falling apart'
09:32 (IST)
Omar Abdullah voices support for SC judges, says 'worst thing we can do is wish it away'
09:28 (IST)
RECAP: Four SC judges call for press conference, accuse CJI Dipak Misra of 'breaching rules'
Divisions in the Supreme Court burst out in the open on Friday when four senior most judges took an unprecedented step of addressing the media to accuse Chief Justice Dipak Misra of breaching rules in assigning cases to appropriate benches, with one of them pointing to the plea regarding the mysterious death of Special CBI judge BH Loya.
At a hurriedly called press conference at his residence, Justice J Chelameswar and three other colleagues said the Supreme Court administration was "not in order" and their efforts to persuade Justice Misra even this morning "with a specific request" failed, forcing them to "communicate with the nation" directly.
The four judges — Justice Ranjan Gogoi, Justice Kurian Joseph and Justice Madan B Lokur besides Justice Chelameswar — released a letter they wrote to Justice Misra a couple of months ago, conceding that he was the master of roster but that was "not a recognition of any superior authority, legal or factual of the Chief Justice over his colleagues".
-IANS
09:16 (IST)
Supreme Court Bar Association to hold a meeting, address press later today
09:15 (IST)
Updates for 13 January, 2018 begin here
19:44 (IST)
Allegations made by 4 judges must be looked into: Rahul Gandhi
"All citizens are looking at this issue and it must be addressed. It is an unprecedented move, so the questions raised by the four judges should be thoroughly looked into," Rahul Gandhi said.
19:42 (IST)
Senior most judges should hear PIL in death of Justice Loya, says Congress party
Speaking to the press, Congress spokesperson said that while the Congress party was deeply disturbed by these development, we would request the senior most judges to hear the case and appoint an independent SIT to probe it.
19:40 (IST)
Issues raised by judges very disturbing: RS Surjewala
Surjewala quoting the letter written by the four judges said that the Congress party is deeply disturbed by these developments.
19:28 (IST)
Rahul Gandhi to brief media shortly
19:24 (IST)
I am hopeful judges will find amicable solution of there differences by tomorrow: A-G KK Venugopal
Attorney General KK Venugopal refused to comment on his meeting with the CJI or other judges but expressed hope that the learned judges would solve their differences in the interest of the institution. "The issue has been covered extensively and intricately by the broadcast media, I am sure the judges must also feel that it is in the interest of the institution to resolve their difference.. I know all of these judges, I know each one of them. They are very wise men and sober people I am hopeful they will settle their differences," the attorney general said.
18:57 (IST)
Judiciary will resolve internal matter on its own: MoS Law PP Chaudhary
"The judiciary is independent and reputed. They will resolve it themselves. The government should have no need to intervene," said MoS Law PP Chaudhary.
18:52 (IST)
Explainer: What is a Supreme Court roster that the dissenting judges had objections to?
In the early years of its existence, the SC had only 7 judges and they would all hear matters together. But as the court expanded and its workload increased, the Supreme Court became an institution with multiple benches.
The record of the allotment of cases to benches is called the roster. The CJI is the first amongst equals at the Supreme Court and his judgments carry no more weight than any other judge of the court. But the CJI does have more administrative powers, which includes control on the roster. This means it is up to the CJI to decide which set of judges hears which matters.
A particular judge may have domain expertise in an area of law and therefore would be suitable for a particular matter while another judge may not. These decisions are often taken by the Chief Justice while assigning matters. While there is usually a system that is followed for most regular cases, when it comes to constituting special benches or assigning matters of constitutional import, the exercise of this power becomes as important as some of the decisions of the court itself.
18:45 (IST)
How RP Luthra case played a part in igniting present controversy
The case of RP Luthra versus Union of India was specifically mentioned in the letter sent by four judges of the Supreme Court to the Chief Justice of India. The case pertained to appointments to the higher judiciary and the memorandum of procedure for doing so—issues which were highlighted in the press conference called by the judges on Friday.
Read the full article detailing the case here
18:24 (IST)
Attorney General KK Venugopal says press conference 'could have been avoided'
Attorney General KK Venugopal said the unprecedented move by the four Supreme Court judges in holding a press conference "could have been avoided" and the judges would now have to act in "statesmanship" to ensure complete harmony.
"What has happened today could have been avoided. The judges will now have to act in statesmanship and ensure that the divisiveness is wholly neutralised and total harmony and mutual understanding will prevail in future," he said. - PTI
18:12 (IST)
Hope CJI MIsra and judges resolve the issue: Shashi Tharoor
While talking to CNN-News18, Shashi Tharoor said that politicians must refrain from commenting on the conduct of the judiciary as it is unconstitutional. He added that it is however, fair to point out that there have been lapses on part of the government also.
Hope that CJI Dipak Misra and judges will resolve this issue and government also does not delay appointment of judges, he said.
18:04 (IST)
Maintain dignity of the judiciary: Ex-Bombay HC judge
Former Bombay High Court judges said the dignity of the judiciary should be maintained in such trying times.
Reacting to the apex court judges' media briefing and their allegations, retired Bombay High Court chief justice Manjula Chellur said something must have triggered the four judges to go public with their claims.
"These situations are difficult. But what needs to be kept in mind is that this is not about just individuals. This is about the institution in totality," Chellur said. - PTI
17:56 (IST)
Irreparable damage done to judiciary: Santosh Hegde
Expressing deep anguish over four Supreme Court judges going public on issues related to the apex court, former Solicitor General of India N Santosh Hegde today said 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. "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 told PTI.
17:45 (IST)
Legal fraternity says it's unprecedented, shocking
The decision of four senior-most judges of the Supreme Court to hold a press conference was today termed as "unprecedented" by the legal fraternity, with some experts terming it as "shocking" while some others saying there could have been some compelling reasons for such a move.
17:43 (IST)
Parliament cannot remain mute spectator of crisis in judiciary: D Raja
17:13 (IST)
Meanwhile... what is the controversy surrounding Justice Loya's death
The Supreme Court is currently hearing a plea seeking inquiry on the death of Justice Loya. This issue was raised up today after four Supreme Court judges went public with their allegations that CJI is not following procedure on allotment of cases. When one of the media persons asked the judges, whether their grievance about allotment of cases also related to the Justice Loya case, the judges nodded in affirmative.
17:02 (IST)
Not giving it political colour. These are concerns for everybody: D Raja on meeting with Justice Chelameswar
16:58 (IST)
BJP leader Yashwant Sinha expresses support for dissenting judges, says their hints are loud and clear
16:53 (IST)
Congress top brass reaches Rahul Gandhi's residence before party's press meet
The Congress senior leadership is in a huddle before they address the press on the party's stand on the crisis that unraveled today. The party will hold a press briefing at 6.30 pm.
16:44 (IST)
Government not to interfere in 'clash of personalities' within judiciary: Reports
16:40 (IST)
Mamata Banerjee remarks on "extreme interference" of Centre with Judiciary
Mamata Banerjee tweeted on the issue, expressing her anguish and disappointment on the open fall out between Supreme Court judges. She, however, also added that "extreme interference of Central Government with Judiciary" is dangerous for society.
16:31 (IST)
Justice Chelameswar ready for dialogue to sort out issue: CNN-News18 report
News18 said it has learnt from sources close to Justice Chelameswar that the judge is ready to hold a discussion with his colleagues to sort out the issue. He has also reportedly said that his intention was never to humiliate the CJI but he did what he could to raise his point.