Lull after the SC storm, as judges resume work

Satya Prakash

Tribune News Service

New Delhi, January 15 

It was lull after the storm in the Supreme Court on Monday as judges resumed work, albeit 10 minutes late, amid speculations over the next move of the four rebel judges and possible action by Chief Justice of India Dipak Misra, who has maintained studied silence on the allegations levelled against him.

Edit: A hatchet is buried

Much before 10.30 am when judges commence hearings, a large number of journalists, lawyers and litigants waited in anticipation outside courtroom no. 1 where the CJI holds court, and the adjoining four courtrooms occupied by Justices J Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph — the four judges who accused the CJI of arbitrarily allocating work to colleagues.

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Before coming to their courtrooms, the judges reportedly met over tea to sort out their differences, sources said. As the judges resumed their normal work, Attorney General KK Venugopal said the differences had been resolved. “Now everything has been settled. The courts are functioning. It was a storm in a tea cup,” Venugopal told a TV channel.

The Bar Council of India (BCI), which on Sunday sent a seven-member delegation to meet the judges in an attempt to mediate between the two factions, said the crisis had blown over. 

“The story is now over,” said BCI chairman Manan Kumar Mishra. Terming the issues raised by the four seniormost judges as “internal issues of the family”, Mishra said everything had been resolved internally. He, however, advised political leaders against politicising the issue.

The petition for an independent probe into the death of judge BH Loya — who was trying the Sohrabuddin Sheikh fake encounter case in which BJP chief Amit Shah was named — that was cited as one of the reasons by the four judges for their revolt, is listed before a Bench headed by Justice Arun Mishra on Tuesday.

Asked if an investigation should be ordered into allegations levelled by the seniormost judges, the BCI chairman said there was no question of any probe. He also opined against any action against the four judges for criticising the CJI. “There is no need of any action... they are all honest and men of integrity.”

Meanwhile, a Bench headed by CJI Misra turned down a plea by advocate RP Luthra for stern action on the issue of a press conference held on Friday by the four SC judges.

Luthra’s petition on the Memorandum of Procedure to appoint judges had found a mention in the letter written by the four judges to the CJI. “No, no,” said the CJI after Luthra referred to the press conference.

“The temple of justice cannot be destroyed by a group of people. Please proceed, whether it is contempt. No one should be allowed to destroy the top institution. We will not allow the institution to be destroyed by anti-national people,” Luthra, who had earlier challenged the appointments made to the higher judiciary in the absence of MoP, said.