Judiciary-Govt bonhomie, death knell for democracy: SC Judge

Any "bonhomie" between the judiciary and the government would sound the "death knell" for democracy, senior-most Supreme Court judge Justice J Chelameswar has told the Chief Justice of India (CJI) and urged him to convene a full court to deal with the alleged executive interference in judiciary.

In an unprecedent letter to the CJI, copies of which were also sent to 22 other apex court judges on March 21, Justice Chelameswar has questioned the probe initiated by Karnataka High Court Chief Justice Dinesh Maheshwari against District and Sessions Judge Krishna Bhat at the request of the Union Ministry of Law and Justice, despite his name being recommended for elevation twice by the Collegium.

Efforts to get a response on the letter from the office of CJI Dipak Misra did not fructify, while several legal luminaries, when contacted, chose not to comment on the matter.

Justice Chelameswar, who had held the unprecedented January 12 press conference along with three other senior judges raising issues including the allocation of cases by the CJI, expressed concern over the executive directly asking the Karnataka Chief Justice to conduct a probe against Bhat, saying this was done even after his name was recommended twice for judgeship by the apex court collegium.

In 2016, then Chief Justice of India T S Thakur had asked then High Court chief justice S K Mukherjee to hold an inquiry against Bhat on certain allegations levelled by a subordinate woman judicial officer. After the probe had given him a clean chit, Bhat's name was recommended by the collegium for elevation.

"Someone from Bangalore has already beaten us in the race to the bottom. The Chief Justice of Karnataka High Court is more than willing to do the Executive bidding, behind our back," Justice Chelameswar wrote in his six-page letter.

Raising the issue of judicial independence, he said, "We, the judges of the Supreme Court of India, are being accused of ceding our independence and our institutional integrity to the Executive's incremental encroachment.

"The executive is always impatient, and brooks no disobedience even of the judiciary if it can. Attempts were always made to treat the Chief Justices as the Departmental Heads in the Secretariat. So much for our 'independence and pre-eminence' as a distinct State organ."
"Asking the High Court to re-evaluate our recommendation in this matter has to be deemed improper and contumacious."