Former Chief JusticeOf IndiaR M Lodhatoday termed the prevailing situation in the apex judiciary as "disastrous" and said though the CJI is the master of roster, the allocation of cases has to be "fair and in the interest of the institution".
Asserting that the "independence of judiciary is non-negotiable", Justice Lodhasaid it was for the CJI to take the institution forward by showing "statesmanship qualities" and taking his colleagues together.
"The phase we are seeing at the Supreme Courttoday is, to say the least, disastrous. It is high time that collegiality is restored. The judges, though with their different approaches and different view points, must find a common ground that takes the Supreme Courtforward. That maintains the independence of judiciary," Justice Lodhasaid at the launch of a book by former union MinisterArun Shourie
Justice Lodhahad faced a similar incident as in the case of Uttarakhand High CourtChief JusticeK M Joseph during his tenure as the CJI when the NDA government had segregated the Collegium's recommendation and sought reconsideration of the name of Senior AdvocateGopal Subramaniumas an Apex Court Judge Subramanium had later stepped aside from the race.
"I always felt that independence of judiciary is non-negotiable and it is for the CJI, who is the Leaderof the court, to take them forward. He has to show his statesmanship qualities, take all brothers and sisters together," Lodhasaid, without making any reference to the incumbent CJI Dipak Misra.
Former Delhi High CourtChief JusticeA P Shahand Shourie, a Criticof the NDA government, shared the platform with Justice Lodhaand also criticised the overall functioning of the CJI.
Justice Lodhareleased the book titled "Anita Gets Bail", published by HarperCollins India, in which the former union Ministerdeals with various judgments from the apex court to trial courts.
Shahtermed the recent verdict of the apex court on the death of special CBI JudgeB H Loyaas "utterly wrong, and jurisprudentially, incorrect on so very many counts".
He said that the apex court in the JudgeLoyacase verdict had called it as a veiled attempt to attack on the judiciary and asked "How is asking for an investigation an attack on the judiciary?"
"The system as a whole has evolved into something cold-hearted. Even with all this, the judiciary is still one of the last institutions that are respected, but that is changing," he said.
Justice Shahsaid that the judiciary is going through an extremely volatile phase which has not been witnessed in recent years.
"The press meet held by four senior judges of the Supreme Courtearlier this year made allusions, in no cryptic terms, to the charge of selective allocation of cases, and the misuse of the power of master of the roster. This is a very serious issue and is nothing short of an allegation of bench packing," he said.
"We cannot function without a judiciary that is independent, or without a justice system that is self-reflective, and is aware of its faults and wants to improve them," he said.
Shourie said if CJI Misra has to "say repeatedly that he is the master of the roster ... this already means that he has lost the moral authority".
He also advocated that the Executiveshould be checked in order to prevent "totalitarian control of every institution" and said "if you do not stop them, they will go on. Most institutions are eroded from the inside".
(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)