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Home States Karnataka

Legal fraternity in state divided over CJI issue

By Yathiraju  |  Express News Service  |   Published: 13th January 2018 03:06 AM  |  

Last Updated: 13th January 2018 07:17 AM  |   A+A A-   |  

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BENGALURU: AS four senior judges of Supreme Court addressed a press conference to express their concerns over developments in the Apex Court, many lawyers in the Karnataka High Court remained glued to the television on the court premises keeping track of the unprecedented development. The legal fraternity in the state  was divided as some expressed their support to judges for speaking out, while others questioned the manner in which they dealt with the issue.

An advocate at Karnataka High Court even urged the Chief Justice of India (CJI) Dipak Misra to initiate contempt proceedings against the SC judges and sentence them to imprisonment like in the case of Justice C S Karnan, former judge of Calcutta High Court.Former judge of the Supreme Court Justice N Santhosh Hegde said that it was a bad day for judiciary in India. He said that there might have been good reasons for the judges to come to public, but it is not the way they should conduct  themselves because it is the question of judiciary’s integrity. People may lose  confidence in judiciary due to such incidents. “No doubt I agree with the judges but they could have gone through the Centre by asking to constitute a committee  to resolve the issues. I am sorry about it,” he said.

Advocate Prasad said that the conduct of the judges is bringing down the image of the judiciary of late. The Supreme Court should initiate contempt proceedings and punish them like Justice Karnan, who was sentenced for six months by the bench comprising seven judges led by then Chief Justice J S Khehar. Strangely, some among the four judges were the part of judgment delivered against Justice Karnan. Now, it is the right time for Justice Karnan to urge the CJI to take action against the four judges, he added.
However,  Justice M F Saldanha, former judge of Karnataka High Court does not support the arguments of initiating contempt against these four judges, saying that Justice Karnan’s case has nothing to do with Friday’s developments.

He said that the act of the SC judges was necessary. That is why people are appreciating their gesture as revolutionary. It has not happened anywhere in the world because of the conservative attitude of the judges. The other judges of apex court and high courts too are encountering similar issues. “HC judges can approach the CJI, but what about the injustice done to the SC judges? Even government can’t address them. Therefore, the grievances of judges can’t be dismissed,” he added.

Advocate Rajgopal supported the judges who held a press conference against the CJI. A young advocate, who did not wish to reveal his identify said that holding a press conference is a good move because people should know  what is happening inside judiciary. However, the issue will lead to constitutional crisis and can also result in delay in appointment of judges to vacant posts of various High Courts, he  added.

Truth should come out, says Law minister

Bengaluru: Karnataka Law Minister T B Jayachandra on Friday said there has to be some strong reason that compelled four senior Supreme Court judges to come out and speak about the developments in theApex Court. “If judges of the Supreme court have come out and expressed their opinion before the
media, there has to be some strong reason for doing so,’’ Law Minister TB Jayachandra told The New Indian Express. Refusing to take a stand for or against the unprecedented move by the SC judges, the Law Minister said “Truth should come out.’’ Meanwhile, former Chief Minister and JD(S) president HD Kumaraswamy said the strife that used to occur only between politicians and bureaucrats has now reached the Judiciary. “Central government and the President should intervene and rectify the situation,’’ Kumaraswamy added.

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