No constitutional crisis, only procedural problems: Justice Kurian Joseph

India Dipak Mishra

India Dipak Mishra

They all will try to exploit the situation.

The Bar Council of India (BCI) met here on Saturday and unanimously decided that a 7-member delegation of the bar would try to meet the majority of Supreme Court judges on Sunday in an attempt to persuade them to resolve the issue at the earliest. But the way it was done, it raised further questions about the integrity of the institution.

The ability to act as a team has to be respected. However, six of the judges Justice (retd) Shabbir Raza Rizvi, Justice (retd) Hamid Ali Shah, Justice (retd) Hasnat Ahmad Khan, Justice (retd) Jahanzaib Rahim, Justice (retd) Sajjad Hussian and Justice (retd) Yasmin Abbasi refused to tender an apology over the November 3, 2007 issue.

Singh added that the first meeting of SCBA will be held with the Chief Justice of India. I don't think any politician will do anything good to this problem.

The judges' move has also elicited different responses from across the political fora.

On Friday, the top court asked the Maharashtra government to submit the postmortem report of the CBI judge, asserting that the "matter was very serious". There is no other "right way" to take up the matter (than the way the four judges handled it).

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"The points that have been raised by the 4 judges are extremely important".

In Sahara-Birla diary case, Prime Minister Narendra Modi was being accused of having received in excess of Rs 25 crore as bribe from an industrialist during his time as Gujarat Chief Minister. Rasheed has said that the developments are not only detrimental for Indian judiciary but will have vast consequences in the entire subcontinent.

SC- top judges conflicts knocked in the National Judicial Appointments Commission (NJAC) case three years ago when the Supreme Court (SC) invigorated the collegium system for the selection of judges to constitutional courts, roaring on Friday when the dissatisfaction among the top five SC judges exchanged blows in the open.

"The public shouldn't see that the judiciary is a divided house", he said. It is also disturbing because it sets a precedent for such ventilation happening in the future again. We wanted a particular thing to be done in a particular manner. The apex court now has 25 judges. This would help denoting subject matter allocations and prevent ad-hoc assignment of individual cases. There is a clear bias in allocating cases to Judges.

Expert generally feel that it's hard to tell whether Friday's events will lead to a stronger Supreme Court or one weakened by a combination of infighting, questionable procedures, and opacity, which the government may use to its purposes.

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