Ex-CJI Gogoi compromised principle on independence of judiciary: Former SC judge Kurian Joseph

Tribune News Service
New Delhi, March 17

Former Supreme Court judge Justice Kurian Joseph has reacted strongly to the nomination of former Chief Justice of India (CJI) Ranjan Gogoi as a member of the Rajya Sabha saying that he has “compromised the noble principles” of the independence and impartiality of judiciary.

Justice Joseph, who had once taken part in an unprecedented presser along with Gogoi, Justices J Chelameswar, Madan B Lokur (all retired) on January 12, 2018 on the functioning of the apex court, made his stand clear on the former CJI accepting nomination to the Upper House.

 “According to me, the acceptance of nomination as member of Rajya Sabha by a former CJI has certainly shaken the confidence of the common man on the independence of judiciary, which is also one of the basic structures of the Constitution of India,” the former judge said. Recalling the statement made by Justice Gogoi in the presser, he expressed surprise as to how the ex-CJI accepted the Rajya Sabha nomination.

“‘We have discharged our debt to the nation’ was the statement made by Justice Ranjan Gogoi along with the three of us on January 12, 2018.  I am surprised as to how Justice Ranjan Gogoi who once exhibited such courage of conviction to uphold the independence of judiciary, has compromised the noble principles on the independence and impartiality of the Judiciary,” Justice Joseph said.

 Former Delhi High Court judge questioned Gogoi’s decision to accept the nomination.

“This judge (Justice Gogoi) has destroyed the independence of Judiciary,” former Delhi High Court Chief Justice AP Shah said, adding “It sends out a message that if a judge gives judgments in favour of the Executive, he/she will be rewarded.”

However, former CJI KG Balakrishnan refrained from criticising Justice Gogoi’s decision to accept the Rajya Sabha nomination.

“He (Justice Gogoi) has been nominated against the jurist quota. Always someone from the legal fraternity has been there in the Rajya Sabha… Earlier, Fali Nariman and KTS Tulsi were there. Now, Justice Gogoi has been nominated…There are so many conjectures and opinions being expressed… I don’t want to comment any further,” Justice Balakrishnan told The Tribune.

Justice Gogoi—who demitted office on November 17 last year—said he would speak in detail on it after he takes oath. “Let me first take oath, then I will speak in detail to the media why I accepted this and why I am going to Rajya Sabha,” the former CJI told reporters in Guwahati.

“I have accepted the offer of the nomination to the Rajya Sabha because of a strong conviction that the legislature and judiciary must at some point of time work together for nation-building. My presence in Parliament will be an opportunity to project the views of the judiciary before the legislature and vice versa. Let God give me the strength to have an independent voice in the parliament”, the former CJI said, adding, “I have much to say, but let me take the oath in the parliament and then I shall open up”.

Referring to the press conference, Justice Joseph said he, along with other three judges, had come out in public in an “unprecedented move”, “to tell the nation that there was a threat to this foundation and now I feel the threat is at large”.

He said that to ensure there is no threat to the nation, he had decided not to take up any posts after retirement.

Former CJI Gogoi, who headed benches that pronounced several key judgements including in the sensitive Ayodhya land dispute case, was on Monday nominated to the Rajya Sabha by the government. With PTI