Justice Kurian: Some progress, but judicial crisis not yet over
Satya Prakash
Tribune News Service
New Delhi, November 30
A day after retiring as a Judge of the Supreme Court, Justice Kurian Joseph on Tuesday said the issues raised by him and three other senior judges in their unprecedented January 12 press conference still remained even as some progress had been made.
Maintaining that he didn’t regret taking part in the press meet, Justice Joseph said, “After we spoke out, there has been more transparency and caution.” Asked if the crisis in judiciary was over, Justice Joseph said, “You can’t say it fully that the crisis is over because it was an institutional crisis, so it takes a long time for the system and the practices to change. Hopefully, it will change. It’s because one (Justice Ranjan Gogoi) who was part of the clamour for change is also now the captain (CJI)... So things should change.”
Besides, Justice Gogoi and Justice Joseph, the other two judges who took part in the January 12 press meet were Justice J Chelameswar and Justice Madan B Lokur who had questioned the style of functioning of the then CJI Dipak Misra.
Responding to a question on roster issue and senior judges being ignored in important Constitution Bench matters, he said, “In matters of larger public interest, it is better if diversity is reflected in constituting benches.”
Consultative process is at least happening now, he added. Citing the example of high courts where there were administrative committees to assist the chief justice, he suggested that similar practice could be adopted in the SC too.
Talking to a group of journalists at his residence, Justice Joseph accused the NDA Government of delaying judicial appointments, thereby undermining its independence. He said so far as the judiciary was concerned, the Memorandum of Procedure for appointment of judges was final. “I wonder why the government says that Memorandum of Procedure is not final,” he said.
Justice Kurian celebrated his 65th birthday and cut cake in the presence of journalists at his residence.
Responding to a question on political pressure on judges, he said, “There is no political pressure on judicial exercise of powers. But the interference in appointments of judges, transfer of judges and delay in clearing files…that is the interference in judiciary.”
He denied any government interference in the recent appointments of Justice MR Shah and Justice Hemant Gupta and transfer of Justice A Kureshi from Gujarat High Court to Bombay High Court.
