Delhi Diary: Supreme Court Judges See Threat To Democracy, Shock India

By Shakir Husain Bernama's correspondent Shakir Husain shares his take from the Indian capital of New Delhi. NEW DELHI, Jan 15 (Bernama) -- From journalists to politicians, everyone called their move "unprecedented". Never before judges from India's Supreme Court had organised a press conference to express their displeasure with the court's functioning. The situation is being seen as extraordinary and grave as it involves one of the country's most respected institutions. Justice Jasti Chelameswar, the second most senior judge after Chief Justice Dipak Misra, said sometimes the court's administration was "not in order and many things which are less than desirable have happened in the last few months". Chelameswar was accompanied by Ranjan Gogoi, Madan Lokur and Kurian Joseph at the media interaction on Friday. They are four of the five senior most judges. The judges highlighted the way high-profile and politically sensitive cases were assigned by the chief justice, whom they described as "only first amongst the equals -- nothing more or nothing less". What they said sent the shockwaves across India, which holds the Supreme Court in high esteem. The court's rulings set judicial precedents and its decisions often provide both legal and moral guidelines to the powers that be. "The four of us are convinced that unless this institution is preserved and it maintains its equanimity, democracy will not survive in this country," Chelameswar told reporters on the lawns of his home in New Delhi. "Independent India hasn't seen a judicial crisis as severe as this," the Hindustan Times newspaper said in an editorial. It was not just the press that paid attention to what the judges said, but a nationwide furore ensured that the spotlight would stay on the Supreme Court as a pillar of India's democracy. The judges said in a letter: "There have been instances where cases having far reaching consequences for the nation and the institution have been assigned by the chief justices of this court selectively to the benches 'of their preference' without any rationale basis for such assignment. This must be guarded against at all costs." The judges said they were left with "no choice except to communicate it to the nation that please take care of the institution." Misra, who became chief justice in August last year and is due to retire in October, has not publicly commented on the issues raised by his colleagues. One matter relates to the mysterious death of Central Bureau of Investigation court judge Brijgopal Harkishan Loya in December 2014. Loya was hearing a case about extra-judicial killings in the western state of Gujarat. A petition has been filed in the Supreme Court to seek an investigation into his death. People in the legal community say the concerns raised by the judges must be addressed to preserve public confidence in the judiciary. "Proud of a court where four of the top five have the constitutional spine to speak of transparency and predictability in allocating cases," Supreme Court lawyer Karuna Nundy said. A rift in the Supreme Court is seen as seriously undermining the judiciary's independence in a country where the issues of corruption and abuse of power are constantly in the news. "The Supreme Court of India is perhaps the most powerful court in the world. All the judges of the US Supreme Court meet to adjudicate matters together and not in benches of two or more. Here, two or more judges sitting in benches decide for the entire court. So the task of the CJI (chief justice of India) in assigning matters to particular benches is crucial," Kapil Sibal, a prominent lawyer and former minister, wrote in a newspaper article. -- BERNAMA