'Ex-CJI was controlled by external source'

NDTV that the former CJI wasn’t taking decisions independently. “We are sure that the Chief Justice was not taking decisions on his own,” he said. Justice Joseph said the decision to hold the press conference was taken after being sure that the then CJI was “under an external influence”. Asked about the Judge BH Loya case, justice Joseph said he cannot comment on it and that this chapter is now closed. To a query as to who was remote-controlling justice Misra, Justice Joseph said they “could not pinpoint who was behind”. One instance that was pointed out at the press conference itself was the allocation of cases in the apex court. The allocation of petitions seeking a re-investigation into the death of judge Loya — as is commonly perceived — was not the only reason for the press conference, he said. “That was the issue on that day. Doesn’t mean it was the only issue we were disturbed with. There were several issues… in the matter of allocation of cases and governance of the Supreme Court,” he said. The Supreme Court on April 19 rejected the PILs seeking probe into the death of special CBI judge BH Loya, ruling he had died of “natural causes”. Loya, who was hearing the high-profile Sohrabuddin Sheikh fake encounter case, died of cardiac arrest in Nagpur on December 1, 2014, when he had gone to attend the wedding of a colleague’s daughter. BJP President Amit Shah was among others who were the accused in the case when he was the Minister of State for Home in Gujarat. Shah was subsequently discharged by a trial court. On the issue of minority tag being a hindrance to career progression, justice Joseph told PTI: “I am totally talking about my own case as it was perceived that I became the Supreme Court judge only because I belonged to the minority community”. He said, “But this was not the case, as things became clear it was found that my appointment was on the basis of merit”. Justice Joseph also advocated that selection of judges in the higher judiciary be on the basis of merit and nothing else. (PTI)]]>

Apex Court Has Upheld Constitutional Morality

th Associate Justice in Brett Kavanaugh after a wrenching debate over his alleged sexual misconduct and judicial temperament that shattered the Senate and triggered an acrimonious new level of polarization now encroaching on the court that the 53-year-old judge may well swing rightward for decades to come. No, it is certainly not all hunky-dory with judiciary as a whole in what is called a nation of litigants. There are numerous problems at all levels.  Tussle with the government of the day is a permanent feature. Millions of cases have piled up. The issue of how judges should be selected remains unsettled. Access to legal redresal for the common man and much else need reforming. Although parliament and the executive are the ones to usher in reform, the Chief Justice of India and the Supreme Court are at the top of the whole process. They most redeem themselves in the eyes of the people. To return to the import of last month’s string of judgments, senior lawyer and former minitower P. Chidambaram says: “Every judgment of the Constitution Benches of the Supreme Court delivered in 2018 has chipped away at tyranny, enlarged the freedom of the people and advanced the cause of Constitutional morality. Project Aadhaar as envisaged by the UPA has been retrieved. The ‘good’ in Aadhaar has been saved. Most of the ‘bad’ in Aadhaar has been identified and consigned to the flames; but there is more. Eternal vigilance is the price of liberty.”   (The writer can be reached at mahendraved07@gmail.com )]]>