Justice Kurian says ‘No need’ to BCI offer of mediation

KT NEWS SERVICE. Dated: 1/14/2018 12:53:08 PM

7-member Council delegation to meet judges

NEW DELHI, Jan 13 (Agencies): A day after Supreme Court’s four most senior judges mounted a virtual revolt against Chief Justice of India Dipak Misra, especially over the allocation of cases, the Bar Council of India on Saturday called for an immediate resolution in the judicial crisis, saying they are ready to offer help to solve the matter at the earliest.
In the meanwhile Justice Kurian Joseph declined the mediation saying, “This is not an issue that requires mediation from outside. This is an internal issue of the institution and the institution will sort it out. A correction inside the institution is what is required.”
Addressing reporters after an hour-long meet on the matter pertaining to the unprecedented presser held by four of the top five senior most judges of the apex court, Manan Kumar Mishra, Bar Council of India chairman informed that they have unanimously decided to form a seven-member delegation of the council who will meet the judges of the top court.
“We have unanimously decided to form a 7-member delegation of the Council who will meet honourable judges of the Supreme Court. We want that the matter be solved at the earliest,” Mishra was quoted saying by agencies.
The seven-page letter written by Justice Jasti Chelameswar and three other senior judges to Chief Justice of India Dipak Misra, which they made public Friday, had emphasised the row between the Supreme Court and the government over finalising the memorandum of procedure (MoP) for appointments in the higher judiciary. The judges had expressed displeasure over delays in finalising the MoP and observed that the government’s “silence” on the matter meant that a draft sent to it in March 2017 had been accepted.
“As far as MOP is concerned, it must be finalised at the earliest in a proper manner. We will write a letter to the government for the same, but it is not that big a matter to be brought in public,” the Bar Council of India chairman added.
Mishra also urged all political parties not to politicise the matter. “We have given an opportunity to Rahul Gandhi and political parties to talk about our judiciary, it’s unfortunate. On behalf of Bar Council of India, I request him and other political parties to not politicise the matter.”
“The prime minister and law minister had said yesterday itself that it is judiciary’s internal matter and government won’t be interfering in the matter, and we appreciate the government’s stand,” he added.
Meanwhile, the Supreme Court bar Association passed a resolution wherein it said that all matters should be looked into by full court.
“All PILs including that demanding probe into Judge Loya death should be taken up by CJI or assigned to courts headed by other four judges of the Collegium,” said the resolution.
“We will send the unanimous resolution to the Chief Justice of India. We want that the matter be resolved as soon as possible,” agencies quoted Vikas Singh, president of the Supreme Court bar Association as saying.
“The first meeting of SCBA will be done with the Chief Justice of India. If he agrees to our views, we will take further appointment from the other judges too and fix a meeting with them,” he added.
On Friday, Justice Jasti Chelameswar, Justice Ranjan Gogoi, Justice Madan Bhimrao Lokur and Justice Kurian Joseph said there was an urgent need to preserve the judiciary system to save the democracy of the country.
The four top judges of the Supreme Court addressed the media to declare that “all is not well” with the apex court as they launched a sharp attack on Chief Justice of India Dipak Misra for “ignoring the concerns voiced by them”. The judges said they were compelled to take the unprecedented step as they had “no choice” but to communicate the same to the nation.

 

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