Abhishek wrong rather complaint to President by 4 SCJs about criminal contempt by CJI was right remedy. By Hem Raj Jain
15 Jan 2018
Sub:- (i)- complaint to President by 4 SCJs about criminal contempt by CJI was the right remedy (ii)- Now President & Prime Minister of India should immediately initiate impeachment proceeding against 5 SCJs including CJI.
This refers to matter ( https://www.alwihdainfo.com/President-PM-shirking-while-CJI-afraid-of-initiating-contempt-proceeding-against-4-SCJs_a60614.html OR http://www.pakistanchristianpost.com/detail.php?articleid=3071 ) of press conference by 4 Supreme Court Judges (SCJs) on Friday January 12, 2018 where these 4 SCJs accused Chief Justice of India (CJI) of bench-fixing.
Regarding this matter the article “Supreme Court’s Supreme Test” in prominent print media ‘The Times of India’ of January 15, 2018 by Abhishek Singhvi ( a member of parliament, jurist, former additional solicitor general of India, national spokesperson of the Congress party, a senior advocate of the Supreme Court, former chairperson of parliamentary committee on law & justice) as given at https://blogs.timesofindia.indiatimes.com/candid-corner/supreme-courts-supreme-test-the-institution-that-india-depends-on-must-move-quickly-to-heal-its-fissures/ is nothing more than brushing the real issues under the carpet. In this article Abhishek says that “[Having exhausted all internal remedies including a Friday morning request to the CJI – except going to the President of India, a theoretical option which in reality would have achieved nothing except delay – they took the extreme press conference route]”.
As written in this article of Abhishek also, the strong language used by 4 SCJs, in released letter and press conference [like ‘selective’ listing of cases by CJI before ‘preferred’ benches, ‘democracy being imperiled’, grave fear about ‘selling their souls’, Judge Loya case also the trigger for press conference etc] impute motives of criminal intent behind these bench-fixings by CJI for the criminal purpose of (i)- Favoring the present ruling dispensation of Union of India and (ii)- Hiding the criminalization of & corruption in SCI. This is allegedly a criminal contempt by CJI under section 2 ( C) (ii) (iii) of Contempt of Court of Act. Because (if theses 4 SCJs are to be believed what they said in released letter and at press conference against CJI) then it prejudices, interferes and tends to interfere with the due course of judicial proceeding, interferes and tends to interfere with, and obstructs and tends to obstruct, the administration of justice.
On behalf of other SCJs when during press conference Justice Chelameswar said that - “[We don't want some very wise men 20 years later blame that Justice Chelameswar, Gogoi, Lokur and Kurian Joseph sold their souls and didn't do the right things]” – it can’t be merely per-se about roaster / allocation of judicial work to different Benches of SCI as important cases were given to Junior Judges of SCI earlier also. But now these 4 SCJs & others (members of Bar) are objecting because they see foul play in alleged bench-fixing by present CJIs (where cases are allegedly given selectively to the Benches of their preferences) with the criminal intent. But these 4 SCJs instead of complaining to President (about criminalization of SCI by CJI) has merely gone public through media and thus have illegally tried to brush the dirt of SCI under carpet (now CJI is also committing criminal contempt by not initiating contempt proceeding against these 4 SCJs for going public)
It is surprising that Abhishek, a senior advocate of Supreme Court, does not understand that these 4 SCJs were legally expected to complaint to President of India about alleged criminal contempt committed by CJI and were further expected to pray to President that impeachment proceeding be initiated against CJI so that CJI can be removed from office in order to facilitate prosecution of CJI for criminal contempt of court. Such complaint and prayer to President by 4 SCJs is not a useless theoretical option rather instead of delay [as Abhishek says ‘in reality would have achieved nothing except delay’] would have got the proper remedy with a grinding speed.
Unfortunately, but expectedly Abhishek is also, like other members of judicial community, applying different standards to the people of India than to the members of judicial community, especially when it comes to the matters related to contempt of court.
President & Prime Minister of India also (by not initiating impeachment proceeding against 5 SCJs including CJI) are denying India an opportunity to know more about crime & corruption promoted / protected in SCI, which will be known to India through thorough investigation of these 5 SCJs including CJI during impeachment proceeding and its subsequent criminal proceedings against these 5 SCJs. Hence if President and Prime Minister of India really have well of India in their hearts then they should, without any further delay, initiate impeachment proceeding against these 5 SCJs including CJI.