4 rebel SC judges propose panel of future CJIs to resolve roster row

Satya Prakash

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Tribune News Service

New Delhi, January 31

The four senior-most judges of the Supreme Court – who rebelled against the Chief Justice of India Dipak Misra over alleged arbitrary allocation of work – have proposed setting up a panel of future CJIs to suggest measures to resolve the ongoing crisis.

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The four rebel judges -- J Chelameswar, Ranjan Gogoi, MB Lokur and Kurian Joseph – made the proposal after consulting future CJIs – Justices SA Bobde, NV Ramana, Uday U Lalit and DY Chandrachud, sources privy to the discussions said.

Justice Gogoi is supposed to succeed Justice Misra as the next CJI on October 3 this year, if the line of succession is not disturbed.

The rebel judges wanted the panel of future CJIs to suggest a transparent institutional mechanism for allocation of cases in accordance of the roster notified by Supreme Court’s Registry.

Second, the rebel judges also wanted the CJI announce setting up of the panel of future CJIs to the media – a demand Justice Misra is hesitant to accept as he has chosen not to go public about internal squabbling of the judiciary.

CJI Misra has been asserting that he is the master of roster even as the four senior-most rebel judges questioned arbitrary allocation of work and demanded transparency. Under the present system nobody, except the CJI, knows what the roster is and which bench can hear what type of cases.

Rebel judges to CJI

— Set up a panel of future CJIs to resolve roster controversy

— Announce setting up of the panel through media

— Upload suggestions finalised by panel on SC website

— Suggestions binding; implement on administrative side

Since then there have been several rounds of talks between the two camps as well as mediation by Bar Council of India Chairman Manan K Mishra and Supreme Court Bar Association President Vikas Singh but the stalemate continues.

A meeting between the two sides expected to be held on Wednesday could not take place as Justice Chelameswar was on leave.

On Tuesday, CJI Misra and two of the rebel judges were seen together at an SCBA function for the first time since the controversy arose. Justice Joseph was seen shaking hands with the CJI.

The CJI has not formally responded to the proposal to set up a committee of future CJIs, the sources said, adding, he was understood to be open to the idea of forming such a panel but not that of future CJIs.

Third, the rebel judges wanted the suggestions/measures to be uploaded on the top court’s website after finalisation to inform all concerned about the practice that would be put in place. They have demanded the suggestions finalised by the panel to be implemented on the administrative side, the sources said.

But perhaps the most important point of their charter of demands is to make the measures suggested by the panel of future CJIs binding, something the CJI is said to be non-committal about.