Senior judges’ action ‘wholly’ condemnable: former SC Judge Hegde

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Senior judges’ action ‘wholly’ condemnable: former SC Judge Hegde

Bengaluru: Former Supreme Court judge N Santosh Hegde today “wholly” condemned the action of four senior judges in going public over internal matters of the judiciary, saying it affected the reputation of the institution and may amount to contempt of court.

Questioning their action, he said internal matters of the judiciary should not have been brought to the public for discussion because neither the public nor the government or the executive can give any relief to them. “I wholly condemn the press meet yesterday held by the four judges of the Supreme Court. My complaint is these things should not have been publicly discussed, consequent to which the reputation of the judiciary has been affected,” he told PTI.

In an unprecedented move in the country’s judicial history, Justices J Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph had held a press conference yesterday and mounted a virtual revolt against Chief Justice of India Dipak Misra, questioning him on the ‘selective’ allocation of cases and certain judicial orders passed by him.

Hegde, a former Lokayukta of Karnataka, said their action would not benefit anybody other than drawing public attention. He said institutions like the judiciary survive on the confidence of the people. “Once the confidence of the people is lost, the institution will be useless,” he said. Agreeing that the judges’ intention was to ‘bring the muck out of the system, he disapproved of their approach as it would set a new precedent where judges of High Courts and the Supreme Court would start bringing their differences into the public domain.

On whether their action was liable for impeachment, Hegde said he does not want to go to that extent, though he felt it can be possible, given the fact that a Calcutta High Court judge was impeached for contempt of court. He, however, felt that their action may amount to contempt of court. “Yes, it may amount to contempt of court but I am not talking about that…I don’t want to take the issue to another direction. I am only questioning the action of the four judges who came out saying that the Chief Justice is giving cases according to his whims and fancies. “Yes, that is the jurisdiction given to him. And why not? That bench before which the case is posted does not have the only person. There are two other judges there.” “That means you are suspecting the three judges. Let us not denigrate the institution,” said Hegde.


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6 years ago

True. But these judges are also human and react when wronged. I am not sure what was their real grouse in any case. Were they felt discriminated? Did they feel humiliated? Or belittled subtly? Any case which goes to the supreme court is very important. A doctor can not say that the case is too easy for his competence. S master tailor should treat making of a shirt and making of a suit with equal interest and respect. That’s what I found in my personal tailor Mr Anthony Fernandes of Adarsh Tailors. Some one of his calobre should get a… Read more »

Robert Pais
6 years ago

I disagree with Mr.Hegde on this issue . The arguments put forward by him also are questionable.

For many it is a great worry when CJI ( first among equals) fails to follow consensus among his colleagues.