The complaint filed by the Campaign for Judicial Accountability and Reforms against the Chief Justice of India serves as the latest reminder of the urgent need for reform in the Supreme Court.
ON JANUARY 15, BARELY THREE DAYS AFTER four senior judges of the Supreme Court addressed a press conference, in an unprecedented development, the Campaign for Judicial Accountability and Reforms (CJAR) sent a written complaint to five most senior judges of the court demanding an inquiry against the Chief Justice of India for allegedly committing “several acts of serious misconduct”. It was authored by Prashant Bhushan, convener of the CJAR.
Invoking the “in-house procedure” that provides for remedial action against High Court and Supreme Court judges if they do not adhere to the “values of judicial life”, the complaint mentioned four specific charges against the CJI.
Detailing those charges over 24 pages, the complaint sought an inquiry by a committee of either three or five most senior sitting judges in the Supreme Court. While the “in-house procedure” is silent about what needs to be done if a complaint is received against the CJI, the CJAR complaint suggests a method by citing past court judgments in India and the practice followed in the British legal system. So, in the legal history of the country, this may be seen as a significant intervention if it is accepted by the senior judges.
The complaint is significant for its timing, coming days after the judges’ press conference.
All the four charges it mentions as “apparent acts of misconduct” by the CJI are related to two issues—the “medical scam” cases and the acquisition of government land by Dipak Misra by filing a false affidavit while he was enrolled as an advocate in Odisha.
Bu hikaye FRONTLINE dergisinin February 16, 2018 sayısından alınmıştır.
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