Supreme Court crisis: Bar Council forms team and top 10 developments

Judiciary on trialThe Bar Council of India has set up a seven-member team in an attempt to resolve the differences between the four dissenting Supreme Court judges and Chief Justice of India (CJI) Dipak Misra. The team is expected to start its deliberations with all judges, except the top five, immediately. The Supreme Court Bar Association also passed a resolution on Saturday that the rift should be considered by a full bench of the apex court. It also said that the CJI or senior judges should look at all public interest litigations. Justice Kurian Joseph, one of the four Supreme Court judges who virtually revolted against the chief justice, on Saturday said there was no need for an outside intervention to solve the issue, while the apex court bar body called for a full court consideration of the matter. Justice Ranjan Gogoi, who was also among the four judges, told PTI in Kolkata, “There is no crisis.” He made the remark on the sidelines of a programme, when asked about the way forward to resolve the crisis in the top court. Justice Joseph said the matter was not brought to the attention of the President of India as he has no constitutional responsibility over the Supreme Court or the judges of the apex court. He said there was no constitutional lapse from the part of CJI but convention, practice, and procedure has to be followed while carrying out his responsibility. “We just brought that matter to his attention,” he said at an event near Kochi. Top 10 developments in the Supreme Court crisis: 1) The Supreme Court Bar Association (SCBA) expressed “grave concern” over the differences of the four seniormost judges with CJI Dipak Misra. The SCBA executive committee, which held an emergency meeting, resolved that all public interest litigation (PIL) matters, including the pending PILs, should be either taken up by the CJI or be assigned for adjudication to the four senior judges who were part of the apex court collegium. ALSO READ: Bar Council of India forms 7-member team to meet SC judges barring top 5 2) Meanwhile, the Bar Council of India (BCI), the apex body of lawyers, formed a seven-member team to meet the judges of the Supreme Court on Sunday to discuss the present crisis in the apex court. ALSO READ: Issues raised by Supreme Court judges internal matter of judiciary: Sources It passed a resolution, saying no political party or leaders should take “undue advantage” of the situation arising out of the press conference by the top court judges. In an unprecedented move, justices J Chelameswar, Gogoi, M B Lokur and Joseph, had launched a public attack against the CJI, listing a litany of problems, including the issue of assigning of cases. The BCI cautioned the political parties and leaders from taking an “undue advantage” of the situation in the apex court. It said the four senior-most judges going public with their differences with the CJI had given an opportunity to the political parties and leaders to interfere in the affairs of the judiciary. Without taking any name, BCI chairperson Manan Kumar Mishra said, “No political party or leader should take an undue advantage of the situation arising out of the press conference of the four senior Supreme Court judges.” The reference to political parties and leaders assumes significance as Congress president Rahul Gandhi had on Friday addressed the media after the judges went public with their grievances. At an emergency meeting called by the BCI’s governing body, comprising 17 members, the resolution was passed, saying the seven-member committee would meet all the apex court judges tomorrow. Mishra later said that the members of the committee would also meet the four judges and, in the end, the CJI. The BCI said it was of the view that such issues should not be made public. 3) “An issue was raised. Those concerned have listened to it. Such actions would not occur in future. So (I) believe that the issue has been settled,” Justice Joseph told reporters on the sidelines of the silver jubilee celebrations of the Major Archiespicopal Status of the Syro-Malabar Church in Kakkanad near Kochi. “There is no need for outside intervention to solve the matter because its is a matter (that) occurred within an institution.

Source: Business Standard