Tuesday appears to have been a bit better for the apex court and India's judiciary that exposed itself as a divided house at the highest level.
The Chief Justice of India Dipak Mishra held “a long discussion” with the four dissenting senior judges. A top source in the judiciary told a news channel that “all issues” were discussed, and commented that “the ice has started melting”. It was seen as a first round and positive sign in the direction of addressing issues raised by them. But it was inconclusive amid information that the talks will continue on Wednesday.
In an unprecedented January 12 press conference that was telecast live, Justice J. Chelameswar, Justice Ranjan Gogoi, Justice Madan B. Lokur and Justice Kurien Joseph had expressed their anguish at the functioning of the Supreme Court under Chief Justice Dipak Mishra and flagged some concerns. Primary among them was the manner in which cases were assigned by the CJI who is the master of roster. And, these judges are in line right after the chief justice in seniority.
After what was a tumultous weekend, the four were back to work, but there was clear indication that the issue they raised had not been addressed. When the judges met informally at the Supreme Court lounge, the subject apparently was not raised by anyone as an uneasy calm prevailed. Even Advocate General K.K. Venugopal, who had remained optimistic over the weekend, was not quite sure that things will blow away easily.
The four judges had written a letter to the CJI, almost two months earlier. It became public after a fairly politicised case was assigned to Justice Arun Mishra, relatively junior to them and at number 10 in the judges' hierarchy at the apex court. The case pertained to the supposedly mysterious death of Judge Loya, who was hearing the Sohrabuddin Sheikh fake encounter case in which BJP president Amit Shah was an accused. Shah was absolved of the crime by the judge who replaced Loya. Justice Arun Mishra got emotional and said he felt he had been “targeted”, and Chief Justice Mishra reached out to him.
When Chief Justice Dipak Mishra on Monday set up a five-judge Constitution bench under him to hear eight major cases, none of the four senior judges who held the press conference were part of it. When a delegation of the Bar Council of India and the Supreme Court Bar Association met the chief justice on Sunday, he held out hope that the crisis would blow over soon.
This Constitution bench set up now will begin hearing cases from January 18. But it remains to be seen whether the bench will be reconstituted, and more importantly, if any of the four senior judges, will now find a place on it.
Regardless of the course the crisis takes, it is clear that the Supreme Court that kept a watch on the nation is now being watched. How each case, particularly the sensitive ones with political ramifications, is decided will be watched. To that extent, it is safe to presume that the judges themselves will try to be like Ceasar's wife—above suspicion.
Meanwhile, the Supreme Court on Tuesday adjourned hearing in the crucial and contentious Judge Loya case for a week, and told the Maharashtra government to share all the documents, including the medical report of Judge Loya, with the petitioners—journalist Bandhuraj Sambhaji and political activist Tehseen Poonawala.
The other cases that are slated to be heard by the Constitution bench include Aadhaar, criminalisation of homosexuality, restriction of women's entry into the Sabarimala temple, restriction on entry of Parsi women into the fire temple on account of marrying outside the community, why women also should be punished under sections regarding adultery, and whether legislators facing criminal cases should be disqualified when charges are framed.
