Some will judge the four SC justices for their public revolt, but this might just make the nationu00e2u0080u0099s top court more open about its workings
Supreme Court justices Jasti Chelameswar, Ranjan Gogoi, Madan Lokur and Kurian Joseph called a press conference in New Delhi on Friday, to raise questions about selection allocation of cases by the chief justice of the apex court. Pic/PTI
When four Supreme Court justices summoned the media so that they could tell the nation of their fears about the erosion of the court's integrity by current Chief Justice Dipak Misra, it was arguably the first time the general public got a glimpse inside the nation's apex court. After all, the Americans do a good, incisive job reporting on their Supreme Court and bringing a measure of familiarity to its nine judges. American journalists have also written books on them.
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The first I read, The Brethren (1979) by Bob Woodward and Scott Armstrong, on the Warren Burger court's early years, had me in thrall (despite each Supreme Court's insistence on gravitas, decorum and precedent). Jeffrey Toobin is well-known for books like The Nine (2007), and a personal favourite is James F Simon's The Center Holds (1995), examining the struggle between conservatives and liberals in William Rehnquist's court.
Is there a single book that goes behind the scenes of India's Supreme Court? It isn't that good reporting here doesn't exist. Many of our correspondents are of high calibre. Some even went so far as to obtain a law degree that the Supreme Court made a requirement for reporting over a decade back. Some correspondents have regaled me with gossip about judges. But not one has given us an insider's account. The public has scant idea of the justice's identities, their backgrounds (other than the bland bio-data published at their elevation to the court), their world views, or their perspective on the Constitution of India. Most Indians don't even know the sanctioned strength of the Supreme Court. (It's 31, and 27 are currently filled.)
Yet it is not only the lack of books; until this scandal, I had no idea that Justice Arun Mishra was trusted by the BJP. It transpires that the chief justice was sending politically charged cases to benches with junior judges — for instance, the petition to inquire into the sudden death of Judge BH Loya, who at age 48 and without any prior cardiac history, was said to have died of a heart attack, while hearing the case of an alleged extra-judicial execution of a suspected terrorist at the order of then Gujarat home minister Amit Shah. No wonder Judge Loya's son suspects foul play. The media, at its lapdog best, has been quick to dismiss any suspicion; hasty pronouncements have come from the Indian Express and NDTV no less. (In this regard, the American media is far superior. Despite the USA's foul-mouthed, racist President Donald Trump's constant baiting, it refuses to cow down and continues speaking truth to power.)
Indeed, a chunk of the Indian media (and the BJP's online army) has even targeted the four justices — J Chelameshwar, Ranjan Gogoi, Kurian Joseph and Madan B Lokur. They have been called trade unionists. Some see a Congress hand behind the controversy (which would be good, as it would indicate a concerned Opposition that is active about saving the nation). Some trolls have called for exemplary punishment. One BJP-supporting genius even mentioned that Justice Gogoi, who is to take over as chief justice in October after Misra retires, is the son of a former Congress chief minister of Assam. Of course, they did not bother to clarify that Justice Gogoi is not Tarun Gogoi's son, but of the late Kesab Chandra Gogoi, who was CM for two months in 1982. To think that an accomplished jurist like Gogoi with long service would limit himself to being a Congress party worker's kin reveals more about the mental limitations of the person making such allegations.
Presumably, this is in line with their general philosophy that India needs a strongman ruler who will pay no heed to politics while fixing the nation. Even the Supreme Court, in their view, should be run by a benevolent dictator, and if cases are being manipulated, it is being done for the greater good of the survival of the Great Leader, even if justice and precedent is corroded beyond repair. The irony here is that the same people (correctly) called out a UPA favourite as chief justice, KG Balakrishnan, who was long suspected of corruption and nepotism.
Chief Justice Misra would be meeting his four colleagues on Sunday, but don't expect any press releases. One of them, Joseph, has already ruled out "outside" intervention. It would be a shame if, for the sake of the court's reputation, pulled down from its rarified perch, the court closes ranks and quietly goes about damage control, even addressing the four justices' grievances. The best reform to the roster system would be to make the CJI accountable; there is no greater accountability than that to the public; and public accountability is best served by transparency. If this mini-revolt serves to end opacity in the nation's highest court, then the four justices need not fear history's judgment.
Aditya Sinha's crime novel, The CEO Who Lost His Head, is available now. He tweets @autumnshade Send your feedback to mailbag@mid-day.com
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