Why go public, asks former CJI

I am sure the Supreme Court has enough wisdom and capacity to sort it out, says T.S. Thakur

January 12, 2018 10:23 pm | Updated 10:23 pm IST - New Delhi

Close-up of a statue of Goddess of Justice, New Delhi, India

Close-up of a statue of Goddess of Justice, New Delhi, India

How did a press conference by four senior judges of the Supreme Court help resolve their discontent against the Chief Justice of India, the former Chief Justice of India T.S. Thakur asked.

“This should have been sorted out within the institution instead of bringing them out in public,” he told The Hindu .

“It does not help anybody, particularly the institution if someone was to bring it out in the open. I know each one of these people [judges]. I only hope things are sorted out properly. Roster issues are also matters which can be sorted out,” he said.

The former Chief Justice said the top court was capable of resolving the issue. “People come with complex problems, issues and challenges to be sorted by the Supreme Court. I am sure Supreme Court has enough wisdom and capacity to sort out these issues also,” he said,

However, he was not in favour of the four senior judges, one of whom is in line to become the next Chief Justice of India, discussing the issue in public.

“How did the press conference really help resolve the roster issue? This will bring in further controversy and public speculation,” he said.

Another former Supreme Court judge, Justice K.T. Thomas, said it “should not become a precedent.”

“Sitting Supreme Court judges interacting with the media especially concerning matters relating to administrative, business and judgment side of the top court have never happened before,” Justice Thomas said.

Justice Thomas said, “The CJI has not reacted to the development and it is also not known whether the four collegium judges had taken the other judges into confidence.”

“The collegium has been formed to facilitate the smooth functioning of the top court and each one of the judges in the Supreme Court is equal in status. Whether the four judges have discussed the issue with other judges to sort out the issue is not known,” he said.

‘No dent to image’

“The image of the institution will not suffer from today’s event. The Supreme Court is far above all these,” he added.

Former Chief Justice of India K.G. Balakrishnan said this was an “unfortunate occasion which could have been avoided.”

“The image of the institution has suffered,” Justice Balakrishnan remarked.

Senior lawyer Rebecca John said it must have been the last resort available to the four judges. “I too wish it hadn’t come to this. I wish they could have set their house in order by talking to each other and taking correctional measures. I wish there was no press conference,” the senior lawyer said.

She added, “But sometimes you need to come out, when nothing else works. A democracy functions in open spaces, not opaque doors. And the problem facing the judiciary today is very very serious. It’s about institutional integrity. Recognise it.”

0 / 0
Sign in to unlock member-only benefits!
  • Access 10 free stories every month
  • Save stories to read later
  • Access to comment on every story
  • Sign-up/manage your newsletter subscriptions with a single click
  • Get notified by email for early access to discounts & offers on our products
Sign in

Comments

Comments have to be in English, and in full sentences. They cannot be abusive or personal. Please abide by our community guidelines for posting your comments.

We have migrated to a new commenting platform. If you are already a registered user of The Hindu and logged in, you may continue to engage with our articles. If you do not have an account please register and login to post comments. Users can access their older comments by logging into their accounts on Vuukle.