Threat to judiciary's independence at large: Justice Joseph on Gogoi's RS nomination

Supreme Court's retired Justice Kurian Joseph on Tuesday said that he was surprised to see how former Chief Justice of India Ranjan Gogoi, who once exhibited conviction to uphold the independence of the judiciary, has compromised those principles.

He said that the country continues to be firmly grounded on the basic structures and the Constitutional values mainly due to the independent judiciary.

"I am surprised as to how Justice Ranjan Gogoi who once exhibited such courage of conviction to uphold the independence of the judiciary, has compromised the noble principles on the independence and impartiality of the judiciary," said Joseph said in a message to ANI.

The retired justice, who along with three other judges had held a press conference to highlight the alleged discrepancies in the functioning of the Supreme Court on January 12, 2018, said that when the confidence of people is shaken, the tectonic alignment of the nation built on solid foundations is also shaken.

"The Collegium System was introduced by the Supreme Court in 1993 only to strengthen this alignment and make the judiciary completely independent and not interdependent. I came out in public in an unprecedented move along with Justice Chelameswar, Justice Ranjan Gogoi and Justice Madan B Lokur to tell the nation that there was a threat to this foundation and now I feel the threat is at large," Justice Joseph said.

He said that this was the reason why he had decided not to take any positions after his retirement.

"According to me, the acceptance of nomination as a member of Rajya Sabha by a former Chief Justice of India has certainly shaken the confidence of the common man on the independence of the judiciary, which is also one of the basic structures of the Constitution of India," said Justice Joseph.

President Ram Nath Kovind on Monday nominated former Chief Justice Ranjan Gogoi to the Upper House of Parliament, a decision which has largely been criticised by the opposition.