Chief Justice of India Ranjan Gogoi on Friday addressed, through video-conference, judges across the country about the “increasing indifference to the decorum and discipline” within and outside courts.
Chief Justice Gogoi retires on November 17. With his retirement, the last of the four judges, who held the historic January 12 press conference about the lack of transparency in case allocation by successive Chief Justices of India in the Supreme Court, bids farewell.
He will leave behind the legacy of the judgments in the Ayodhya, Rafale and Sabarimala cases. He delivered the lead opinion for the Constitution Bench which allows the construction of a temple in the Ayodhya land and referred the question of the role courts should take in religious cases in the Sabarimala review. The court under him dismissed a review in the government’s purchase of Rafale jets.
His tenure turned controversial when a former court employee accused him of sexual harassment. Later, he was given a clean chit by an internal committee led by his successor Justice S.A. Bobde. Chief Justice Gogoi will also be known for the remarkable alacrity with which he filled the judicial vacancies in a depleted Supreme Court whose sanctioned strength rose to 34 judges.
On Friday, his last working day, he spent a few minutes in court, admitting all 10 cases listed before his Bench.
In his speech, the Chief Justice said the “indifference” is seen among those who are stakeholders in the justice delivery infrastructure but are apathetic to its health and progress.
“The indifference of such stakeholders to the dignity of our institution has reached new lows in the recent past, as rank hooliganism and intimidatory behaviour has become the order of the day in some pockets of our court system...,” This has to be acknowledged so that its vicious designs are defeated and the glory of our institution stands uncompromised,” he stated.
He said that as judges it was not their business to suffer such belligerency from a handful who masquerade as stakeholders and browbeat the seekers of truth and justice.
‘Shield the courts’
Chief Justice Gogoi called for vigilance measures to be taken to shield court complexes, judges and court staff from “local influences” with nefarious designs to undermine the cause of justice. During his tenure the court ordered an enquiry into allegations of “larger conspiracy” against the highest judiciary. Two court staffers were dismissed from service, after enquiry, for allegedly tinkering with a judicial order in a high stakes case.
Chief Justice Gogoi said though the court is misunderstood by many as a “remnant of the Raj”, it certainly has its “roots deeply embedded in the common aspirations that binds all of our countrymen to a single destiny”.
Chief Justice Gogoi said the naysayers have often yoked the courts to the problem of pendency, but they little understand that justice administration, unlike the functioning of the government, has multiple participants. All these participants have to cooperate to deliver justice in a case in a time-bound manner.
