The Supreme Court Bar Association (SCBA) passed a resolution on Saturday, saying the differences of four seniormost judges with Chief Justice of India Dipak Misra should be considered by the full bench of the apex court.
Expressing “grave concern” over the differences between the senior judges and the CJI, SCBA president and senior advocate Vikas Singh said that all PILs should be looked into either by the CJI or senior judges who form part of the apex court collegium.
Taking note of the concerns raised by four senior judges led by Justice J Chelameswar over assigning of cases, the bar body suggested that even the PILs listed for hearing on January 15 be transferred from other benches to either the bench headed by the CJI or benches led by the members of the collegium.
Vikas Singh said that at the emergency executive meeting, grave concern was expressed over the differences between the four judges and the CJI.
On Friday, justices Chelameswar, Ranjan Gogoi, MB Lokur and Kurian Joseph had mounted a virtual revolt against the chief justice, listing a litany of problems including the assigning of cases.
The judges had said that there were certain issues afflicting the country’s highest court and warned that they could destroy Indian democracy.
The unprecedented news conference had left the judiciary and observers stunned, leaving uncertain how this open dissension in the hallowed institution would be resolved.
Yesterday the tipping point for the four judges seems to be the case of Judge Brijgopal Loya. Two petitions demanding a fair probe into his mysterious death were listed before a bench that is headed by a judge who is 10th in terms of seniority. They believed a matter as serious as this should have been heard by someone more senior.
Judge Loya, who died under mysterious circumstances in November 2014, was hearing the Sohrabuddin Sheikh fake encounter case dating back to 2004, in which various police officers and Bharatiya Janata Party president Amit Shah were named. Shah was discharged in December 2014.
The revolt by Senior most judges in Supreme Court brings discomfort in the ruling party camp legal experts observed.