Latest updates: While Chief Justice Dipak Misra is finding a way out of the deadlock in the Supreme Court, he will be heading a five-member bench to hear a petition seeking to invalidate the Aadhaar scheme.
The Bar Council of India is likely to hold a press conference on Monday. Meanwhile, a report in The Times of India stated that there has been a precedence of the Chief Justice of India delegating 'super sensitive' cases to junior judges.
Chief Justice of India Dipak Misra on Sunday assured a Bar Council of India delegation that the crisis in the Supreme Court resulting from a virtual revolt against him by four colleagues will be sorted out soon, the council chief said.
Also on Sunday, the son of special CBI judge BH Loya said in Mumbai that his father died of natural causes and not in suspicious circumstances. Loya's death, while he was hearing the politically sensitive Shohrabuddin Sheikh fake encounter case, is the subject of a PIL in the Supreme Court that was one of the triggers for the revolt against Misra.
The Indian judiciary was thrown into a turmoil on Friday when four senior Supreme Court judges — J Chelameswar, Ranjan Gogoi, MB Lokur and Kurian Joseph – convened an unprecedented press conference to complain about "selective" case allocation by Misra and passing of certain judicial order. Misra had assigned the Loya death PIL to Justice Arun Mishra, a relatively junior judge.
In their press conference, the four justices said India’s democracy is at risk unless the wrongs in the Supreme Court are set right.
Capping a weekend flurry of activity by jurists, lawyers and politicians, a delegation of the Bar Council of India, the highest body of lawyers in the nation, today met Misra at his residence for 50 minutes.
"We met CJI in a congenial atmosphere and he said everything will be sorted out soon," BCI chairman Manan Kumar Mishra, who led the delegation, told reporters.
File image of Chief Justice of India Dipak Misra. PTI
He said that before meeting the CJI, the panel also discussed the crisis plaguing the apex judiciary with other judges including the three out of the four judges who have made the allegations against Misra.
Mishra said the panel met justices Chelameshwar, Lokur, and Joseph, who also gave an assurance that the crisis will be resolved.
He did not mention whether the panel had a meeting with Gogoi, who is out of town. Gogoi is next in line to succeed Misra as the chief justice.
The BCI will hold a press conference on Monday.
Earlier, Supreme Court Bar Association (SCBA) president Vikas Singh met the CJI and handed over a resolution in which the association has asked for a full court discussion to defuse the present crisis.
"I met the CJI and handed over a copy of the resolution. He said that he would look into it and ensure there was congeniality in the Supreme Court at the earliest," Singh told PTI after his 15-minute meeting with the CJI.
In another major development today, Anuj Loya, the son of the deceased CBI judge, held a press conference in Mumbai to say his family was "pained" by the recent developments surrounding his father's death. He claimed NGOs and politicians should stop "harassing" his family members over the issue.
"My father died of natural causes. Our family is convinced that it was a natural death," the 21-year-old Anuj told reporters, adding that although he and his family had earlier been suspicious about his father's sudden death three years ago, they no longer harboured doubts.
"I had an emotional turmoil, hence I had suspicions about his death. But now we don't have any doubts about the way he died," Anuj said.
"Earlier, my grandfather and aunt had some doubts about his death, which they shared. But now neither of them has any doubts," he said.
The deceased judge's father and Anuj's aunt had alleged foul play in his death.
Judge Loya, who was hearing the sensitive Sohrabuddin Sheikh "fake encounter" case, had allegedly died of a cardiac arrest in Nagpur on December 1, 2014, when he had gone to attend the wedding of a colleague's daughter.
BJP chief Amit Shah was an accused in the case but has been discharged.
With inputs from PTI
Published Date: Jan 15, 2018 09:34 AM | Updated Date: Jan 15, 2018 10:00 AM
Highlights
Is Caste an issue in Supreme Court?
Of frequent reference is also the case of caste. It is argued that the judiciary, populated by as much as 95 percent of its constituency by individuals of the Brahmin caste, is Brahmanical. This criticism resurfaced in the defiance and subsequent punishment of Justice CS Karnan whose persecution, it is said, was about his caste.
Read full report here.
Three more cases to be heard by Constitution bench
According to Hindustan Times, there are three more cases that will be heard by the Constitution bench this week. One of the cases refers to an IPC code that makes adultery a criminal offense for a man but not a woman. Another case that will come up for hearing is Section 377, which criminalizes homosexuality. The final case pertains to the ban on women from entering the Sabarimala temple in Kerala.
Aadhaar validity petition to be heard on Wednesday
According to Hindustan Times, the petition challenging the validity of the Aadhaar scheme will be heard by a five-member Constitutional bench on Wednesday.
Bar Council of India chairman says issue will be resolved
'Super sensitive' cases handled by junior judges in past
According to The Times of India, there have been fifteen 'super sensitive' cases which have been handled by junior judges and not the four senior-most judges of the Supreme Court. These cases include Bofors, Rajiv Gandhi assassination, LK Advani's trial in Babri masjid demolition, Sohrabuddin Sheikh fake encounter, Best Bakery and the case that changed how BCCI, reported the publication.
The Supreme Court crisis was waiting to happen
For those who have access to portals of the Supreme Court, the spectacle of four of its senior most judges raising the banner of revolt against their Chief Justice did not come as a surprise, but rather a conspiracy to alter the course of history.
“It was brewing for some time” is the general refrain if you talk to anyone conversant with what is going on. Letters were being secretly written to judges and circulating, pointing out skeletons in cupboards hidden from public view. Insinuation and innuendo over the formation of benches on certain issues of critical economic and political importance were the order of the day.
And there were all indications that there was something stinking in the corridors of the Supreme Court, to borrow a phrase from Justice Markandey Katju (he was referring to the Allahabad High Court). All this was exposed in a jiffy as the judges pointed fingers at CJI’s alleged indiscretion in allocating cases to benches and his other administrative functioning.
Read the full analysis here.
Bar Council of India chairman meets rebel judges, to hold press conference today
RECAP: BCI chief meets CJI
A seven-member Bar Council India (BCI) panel led by its chairman Manan Kumar Mishra had a 50-minute meeting with the CJI after hectic parleys with several apex court judges, with whom they shared the views of the apex body of the Bar regulating the lawyers.
RECAP: Judge BH Loya's son speaks to media
"Our family is pained by the chain of events in past few days. Please don't harass us," Judge BH Loya's son, Anuj Loya said to the media during a press conference on Sunday.
RECAP: CJI Misra meets BCI members, promises resolution soon
Chief Justice of India Dipak Misra on Sunday separately met high-level delegations of top two lawyers' bodies -- BCI and SCBA -- and assured them that the crisis erupting after the revolt by the four seniormost judges against him would be sorted out soon and congeniality would prevail.
Updates for 15 January begin
Matter should not be played out in public: SC Bar Association
The Supreme Court Bar Association said that instead of playing out in public, the matter should be resolved in closed court. SCBA president Vikas Singh said that the association will meet the CJI before meeting the four judges.
The matter cannot go out in the media again: BCI chairman
BCI chairman Mishra said that the matter has to be sorted out anyhow and cannot go out in the media again. On behalf on the Bar Council of India, he also appealed to the judges not to create such an opportunity again.
He further said that the first move is to meet the rest of the judges, which means all judges excluding the CJI and the four judges who wrote the letter, reported News18.
SC judges should not have gone public: Bar Council of India
"There are enough mechanisms to address this inhouse. We discussed the contents of the letter. We have decided to form a seven-member delegation of judges. We will be meeting all the judges at the Supreme Court. We have already got appointment from 50 percent of the SC judges," said BCI chairman Manan Mishra
'Bar Council of India discussed the letter'
The Bar Council of India discussed the contents of the letter sent to the CJI on Friday, said Manan Mishra, council chairman.
Bar Council of India meet ends
News18 reported that Bar Council of India's meeting has ended and it is expected to address media shortly.
Only procedural problems, says Justice Kurian Joseph
Justice Kurian Joseph said there was no constitutional crisis in the apex court and there are only problems in procedure they had objected to. "There will be no constitutional crisis and there are only problems in procedures and that will be corrected," Justice Kurian told reporters. IANS
There is no crisis: Justice Ranjan Gogoi
Justice Ranjan Gogoi said that "there is no crisis" when asked about the way forward to resolve the crisis. Asked whether their (judges') act had amounted to a violation of discipline, Gogoi refused to comment - PTI
Bar Council of India seeks appointment with CJI Dipak Misra: News18
Supreme Court Bar Association meeting begins : News18
Attorney General KK Venugopal hopes crisis will be 'settled' soon
Attorney General KK Venugopal expressed the hope that the crisis in the top judiciary following a revolt by four Supreme Court judges would be "settled".
"Let's hope everything works out very well. I am sure everything will be settled," he told reporters in New Delhi.
'Holding presser for minor issue of roster is saddening': Bar Council of India chairman, Manan Mishra
According to ANI, chairman of Bar Council of India Manan Kumar Mishra criticised the four Supreme Court judges for holding a press conference on Friday. "Holding a press conference on a minor issue of roster is saddening," he said.
Mishra further added that Bar Council is set to have a meeting at 5 pm on Saturday and meet the four senior judges on Sunday. "We have a meeting at 5 pm today (Saturday). Tomorrow (Sunday) our delegation will meet those senior judges, Chief Justice of India and other judges and request them to not bring issues like these in front of public," he said.
'No question of CJI's impeachment,' says SC Bar Association president Vikas Singh
The Supreme Court Bar Association on Saturday dismissed possibility of Chief Justice of India Dipak Misra's impeachment and said there was "no question" of it.
“There is no question of impeachment in this case. This has to be addressed within the system rather than going to press like this. You go for a press conference to reveal, but the intention of this press conference was to conceal,” he told News18.
“This has led to imagination of the country running wild. The institution derives its respect for the credibility it has garnered over these years. If the credibility goes, who will respect the institution? The press conference has only led to speculation,” he added.
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
10:00 (IST)
Is Caste an issue in Supreme Court?
Of frequent reference is also the case of caste. It is argued that the judiciary, populated by as much as 95 percent of its constituency by individuals of the Brahmin caste, is Brahmanical. This criticism resurfaced in the defiance and subsequent punishment of Justice CS Karnan whose persecution, it is said, was about his caste.
Read full report here.
09:54 (IST)
Three more cases to be heard by Constitution bench
According to Hindustan Times, there are three more cases that will be heard by the Constitution bench this week. One of the cases refers to an IPC code that makes adultery a criminal offense for a man but not a woman. Another case that will come up for hearing is Section 377, which criminalizes homosexuality. The final case pertains to the ban on women from entering the Sabarimala temple in Kerala.
09:41 (IST)
Aadhaar validity petition to be heard on Wednesday
According to Hindustan Times, the petition challenging the validity of the Aadhaar scheme will be heard by a five-member Constitutional bench on Wednesday.
09:37 (IST)
Bar Council of India chairman says issue will be resolved
09:24 (IST)
'Super sensitive' cases handled by junior judges in past
According to The Times of India, there have been fifteen 'super sensitive' cases which have been handled by junior judges and not the four senior-most judges of the Supreme Court. These cases include Bofors, Rajiv Gandhi assassination, LK Advani's trial in Babri masjid demolition, Sohrabuddin Sheikh fake encounter, Best Bakery and the case that changed how BCCI, reported the publication.
09:19 (IST)
The Supreme Court crisis was waiting to happen
For those who have access to portals of the Supreme Court, the spectacle of four of its senior most judges raising the banner of revolt against their Chief Justice did not come as a surprise, but rather a conspiracy to alter the course of history.
“It was brewing for some time” is the general refrain if you talk to anyone conversant with what is going on. Letters were being secretly written to judges and circulating, pointing out skeletons in cupboards hidden from public view. Insinuation and innuendo over the formation of benches on certain issues of critical economic and political importance were the order of the day.
And there were all indications that there was something stinking in the corridors of the Supreme Court, to borrow a phrase from Justice Markandey Katju (he was referring to the Allahabad High Court). All this was exposed in a jiffy as the judges pointed fingers at CJI’s alleged indiscretion in allocating cases to benches and his other administrative functioning.
Read the full analysis here.
09:15 (IST)
Bar Council of India chairman meets rebel judges, to hold press conference today
09:13 (IST)
RECAP: BCI chief meets CJI
A seven-member Bar Council India (BCI) panel led by its chairman Manan Kumar Mishra had a 50-minute meeting with the CJI after hectic parleys with several apex court judges, with whom they shared the views of the apex body of the Bar regulating the lawyers.
09:10 (IST)
RECAP: Judge BH Loya's son speaks to media
"Our family is pained by the chain of events in past few days. Please don't harass us," Judge BH Loya's son, Anuj Loya said to the media during a press conference on Sunday.
09:02 (IST)
RECAP: CJI Misra meets BCI members, promises resolution soon
Chief Justice of India Dipak Misra on Sunday separately met high-level delegations of top two lawyers' bodies -- BCI and SCBA -- and assured them that the crisis erupting after the revolt by the four seniormost judges against him would be sorted out soon and congeniality would prevail.
08:59 (IST)
Updates for 15 January begin
20:49 (IST)
Justice Kurian reacts to 'mediation' offers
20:40 (IST)
Congress' Salman Soz reacts to Bar Council of India head's statement
20:34 (IST)
CJI to meet rebel judges on Sunday
With Chief Justice Dipak Misra slated to meet the four rebel judges on Sunday, the developments on this issue will be keenly watched.
20:23 (IST)
Judges should have said something substantial: SC Bar Association President
Earlier, Supreme Court Bar Association President Vikas Singh had said that if the judges had held a press conference, they should have said something 'substantial,' ANI reported.
19:46 (IST)
19:40 (IST)
The four SC judges should be taken very seriously: Petitioner in judge Loya case
19:33 (IST)
No party should take undue advantage of SC judges' press conference: BCI
No political party or leader should take undue advantage of the situation arising out of the presser by four senior SC judges: PTI quotes the Bar Council of India resolution as stating.
19:25 (IST)
"All four of us are in this together": Justice Chelameswar
Speaking to CNN-News18, Justice J Chelameswar said, "All four of us are in this together. We have spoken in one voice and we will speak in one voice.
19:15 (IST)
SC Bar Association silent on whether judges should have gone public
The Supreme Court Bar Association did not comment on whether the senior judges should have gone public with their grievances, PTI reported. The four judges are Justices J Chelameswar, Ranjan Gogoi, Kurian Joseph and Madan B. Lokur.
19:08 (IST)
SC Bar Association to meet CJI
The Supreme Court Bar Association will meet the Chief Justice of India before they meet the four judges who addressed the press conference on Friday, News18 reported.
18:55 (IST)
Matter should not be played out in public: SC Bar Association
The Supreme Court Bar Association said that instead of playing out in public, the matter should be resolved in closed court. SCBA president Vikas Singh said that the association will meet the CJI before meeting the four judges.
18:48 (IST)
SC Bar Association adopts resolution on PIL matters, says they will send them to CJI Misra
18:46 (IST)
Differences raised by SC judges 'grave': SC Bar Association
18:42 (IST)
SC Bar Association calls for immediate resolution of crisis
18:32 (IST)
Council ready to mediate in the judiciary crisis: Bar Council of India chairman
While calling for internally resolving the issues, BCI chairman Manan Mishra said that the council is ready to mediate the judiciary crisis.
18:21 (IST)
The matter cannot go out in the media again: BCI chairman
BCI chairman Mishra said that the matter has to be sorted out anyhow and cannot go out in the media again. On behalf on the Bar Council of India, he also appealed to the judges not to create such an opportunity again.
He further said that the first move is to meet the rest of the judges, which means all judges excluding the CJI and the four judges who wrote the letter, reported News18.
18:15 (IST)
Appreciate government's stand of not interfering: Bar Council of India chairman
Bar Council of India chairman Manan Mishra said that the prime minister and the law minister had said on Friday that it is an internal matter of the judiciary and they won't interfere. He further said that the BCI appreciates the government's stand.
18:09 (IST)
SC judges should not have gone public: Bar Council of India
"There are enough mechanisms to address this inhouse. We discussed the contents of the letter. We have decided to form a seven-member delegation of judges. We will be meeting all the judges at the Supreme Court. We have already got appointment from 50 percent of the SC judges," said BCI chairman Manan Mishra
18:07 (IST)
BCI chairman appeals political leaders not to politicise the issue
BCI chairman Manan Mishra appealed to political leaders not to politicise the issue. He also said that the faith in judiciary must not be threatened.
18:06 (IST)
BCI welcomes non-interference of the government
The Bar Council of India welcomed the non-interference of the government and said that it appreciates this stand of the government on the issue.
18:04 (IST)
Want the matter to be resolved at the earliest: BCI
18:01 (IST)
'Bar Council of India discussed the letter'
The Bar Council of India discussed the contents of the letter sent to the CJI on Friday, said Manan Mishra, council chairman.
17:58 (IST)
All four of us spoke in one voice: Justice Chelameswar
17:56 (IST)
Bar Council of India meet ends
News18 reported that Bar Council of India's meeting has ended and it is expected to address media shortly.
17:44 (IST)
Only procedural problems, says Justice Kurian Joseph
Justice Kurian Joseph said there was no constitutional crisis in the apex court and there are only problems in procedure they had objected to. "There will be no constitutional crisis and there are only problems in procedures and that will be corrected," Justice Kurian told reporters. IANS
17:32 (IST)
There is no crisis: Justice Ranjan Gogoi
Justice Ranjan Gogoi said that "there is no crisis" when asked about the way forward to resolve the crisis. Asked whether their (judges') act had amounted to a violation of discipline, Gogoi refused to comment - PTI
17:24 (IST)
In Pictures: Bar Council of India meet underway
17:17 (IST)
Bar Council of India to meet judges tomorrow
Bar council of India said that a delegation of seven BCI members will be meeting with judges on Sunday (the next in line, apart from the four dissenting judges), reported CNN-News18.
17:15 (IST)
Bar Council of India seeks appointment with CJI Dipak Misra: News18
17:13 (IST)
Supreme Court Bar Association meeting begins : News18
17:11 (IST)
Meanwhile, SC not to take up CBI judge Loya's death case on Monday
17:07 (IST)
Attempts being made to make judiciary deaf and dumb: Shiv Sena
Praising the four Supreme Court judges who mounted a virtual revolt against the CJI, Shiv Sena chief Uddhav Thackeray said attempts were being made to make the judiciary "deaf and dumb".
He said the government should not meddle in the matter. "The decision of those judges should be lauded. There is a high possibility that there will be an inquiry called against them now. However, this inquiry should be unbiased," Thackeray told reporters.
16:54 (IST)
MK Stalin says president should intervene if judges can't resolve issue
President Ram Nath Kovind should intervene in the issue involving judges of the Supreme Court in case they themselves could not resolve it, DMK working president MK Stalin said. "In case, if a stage comes wherein judges could not resolve the issue, President Kovind should intervene and resolve it," he told reporters.
16:45 (IST)
Attorney General KK Venugopal hopes crisis will be 'settled' soon
Attorney General KK Venugopal expressed the hope that the crisis in the top judiciary following a revolt by four Supreme Court judges would be "settled".
"Let's hope everything works out very well. I am sure everything will be settled," he told reporters in New Delhi.
16:41 (IST)
Acted in interest of judiciary and justice, says SC judge Kurian Joesph
Justice Kurian Joseph, one of the four senior Supreme Court judges who virtually revolted against the country's chief justice, expressed confidence that the issues raised by them would be resolved.
Joseph said that they acted solely in the interest of judiciary and justice. He also rejected suggestions that they had violated discipline and expressed the hope that their actions will bring in more transparency in the administration of the Supreme Court.
13:17 (IST)
'Holding presser for minor issue of roster is saddening': Bar Council of India chairman, Manan Mishra
According to ANI, chairman of Bar Council of India Manan Kumar Mishra criticised the four Supreme Court judges for holding a press conference on Friday. "Holding a press conference on a minor issue of roster is saddening," he said.
Mishra further added that Bar Council is set to have a meeting at 5 pm on Saturday and meet the four senior judges on Sunday. "We have a meeting at 5 pm today (Saturday). Tomorrow (Sunday) our delegation will meet those senior judges, Chief Justice of India and other judges and request them to not bring issues like these in front of public," he said.
13:06 (IST)
'A judge isn't to give interview to media,' says advocate Prashant P Umrao
12:57 (IST)
BJP general secretary P Muralidhar Rao says SC problem an institutional one; slams Congress
12:49 (IST)
Congress leader Shakeel Ahmed says independence of most institutions falling apart due to Machiavellian politics