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Here is the full text of four SC judges' letter to the CJI

ANI  |  New Delhi [India] 

In an unprecedented development, four sitting judges of the Supreme aired their grievances regarding the functioning of the on Friday.

Justices Madan B. Lokur, Kurian Joseph, and addressed the press conference on the lawns of Justice Chelameswar's official residence here and issued an appeal to the nation to save the institution (Supreme Court).

They also released a letter that they had written to the of to highlight the corrosion and compromise taking place within the institution of the judiciary and especially within the portals of the Supreme

When the media asked whether this letter and their decision to address them for the first time in independent India's history was in regard to the Justice Loya case, Justice Chelameswar consulted with Justice Gogoi, and then said, "We are making a copy of the letter available to the press."

When media repeatedly asked the same question, Justice Gogoi said, "Yes".

The judges wrote the letter in guarded words and didn't divulge the details of their complaints in order to not embarrass the Supreme

"We are not mentioning details only to avoid embarrassing the institution, but note that such departures have already damaged the image of this institution to some extent," the four judges told the of (CJI) in the letter.

Here is the full text of the letter written by the four judges to the CJI.

Dear Chief Justice,

It is with great anguish and concern that we have thought it proper to address this letter to you no as to highlight certain judicial orders passed by this which has adversely affected the overall functioning of the justice delivery system and the independence of the High Courts besides impacting the administrative functioning of the the of

From the date of establishment of the three chartered High Courts of Calcutta, and Madras, certain traditions and conventions in the judicial administration have been well established. The traditions were embraced by this which came into existence almost a century after the above mentioned chartered High Courts. These traditions have their roots in the anglo saxon jurisprudence and practice.

One of the well settled principles is that the is the master of the roster with a privilege to determine the roster, necessity in multi numbered courts for an orderly transaction of business and appropriate arrangements with respect to matters with which member/bench of this (as the case may be) is required to deal with which case or class of cases is to be made. The convention of recognizing the privilege of the to form the roster and assign cases to different members/benches of the is a convention devised for a disciplined and efficient transaction of business of the but not a recognition of any superior authority, legal or factual of the over his colleagues.

It is too well settled in the jurisprudence of this country that the is only the first amongst the equals - nothing more or nothing less.

In the matter of the determination of the roster there are well-settled and time honoured conventions guiding the Chief Justice, be the conventions dealing with the strength of the bench which is required to deal with a particular case or the composition thereof.

A necessary corollary to the above mentioned principle is the members of any multi numbered judicial body including this would not arrogate to themselves the authority to deal with and pronounce upon matters which ought to be heard by appropriate benches, both composition wise and strength wise with due regard to the roster fixed.

Any departure from the above two rules would not only lead to unpleasant and undesirable consequences of creating doubt in the body politic about the integrity of the institution. Not to talk about the chaos that would result from such departure.

We are sorry to say that off late the twin rules mentioned above have not been strictly adhered to. There have been instances where case having far-reaching consequences for the Nation and the institution had been assigned by the Chief Justices of this selectively to the benches "of their preference" without any rationale basis for such assignment. This must be guarded against at all costs.

We are not mentioning details only to avoid embarrassing the institution but note that such departures have already damaged the image of this institution to some extent.

In the above context, we deem m it proper to address you presently with regard to the Order dated 27th October, 2017 in R. P. Luthra vs. Union of to the effect that there should be no further delay in finalizing the Memorandum of Procedure in the larger public interest. When the Memorandum of Procedure was the subject matter of a decision of a Constitution Bench of this in Supreme Advocates-on-Record Association and Anr. vs. Union of [(2016) 5 SCC 1] it is difficult to understand as to how any other Bench could have dealt with the matter.

The above apart, subsequent to the decision of the Constitution Bench, detailed discussions were held by the Collegium of five judges (including yourself) and the Memorandum of Procedure was finalized and sent by the then Hon'ble the of to the of in March 2017.

The of has not responded to the communication and in view of this silence, it must be taken that the Memorandum of Procedure as finalized by the Collegium has been accepted by the of on the basis of the order of this in Supreme Advocates-on-Record Association (Supra). There was, therefore, no occasion for the Bench to make any observation with regard to the finalization of the Memorandum of Procedure or that that issue cannot linger on for an indefinite period.

On 4 July, 2017, a Bench of seven Judges of this decided In Re, Hon'ble Shri Justice

[(2017) 1 SCC 1]. In that decision (referred to in P. P. Luthra), two of us observed that there is a need to revisit the process of appointment of judges and to set up a mechanism for corrective measures other than impeachment. No observation was made by any of the seven learned judges with regard to the Memorandum of Procedure.

Any issue with regard to the Memorandum of Procedure should be discussed in the Chief Justices' Conference and by the Full Such a matter of grave importance, if at all required to be taken on the judicial side, should be dealt with by none other than a Constitution Bench.

The above development must be viewed with serious concern. The Hon'ble of is duty bound to rectify the situation and take appropriate remedial measures after a full discussion with the other members of the Collegium and at a later stage, if required, with other Hon'ble Judges of this

Once the issue arising from the order dated 27th October, 2017 in R. P. Luthra vs. Union of India, mentioned above, is adequately addressed by you and if it becomes so necessary, we will apprise you specifically of the other judicial orders passed by this which would require to be similarly dealt with.

With kind regards,

J. J. Chelameswar

J. Ranjan Gogoi

J. Madan B. Lokur


(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

First Published: Fri, January 12 2018. 17:35 IST