View: If they have a grievance, let the judges resign

By: Justice RS Sodhi

In a democracy, when four of the senior most judges pronounce, rather threaten, that 'democracy is in danger', to my mind, this is extremely dangerous and must be thoroughly investigated. These judges must clarify, the threat is because of them, or without them.

On Friday, Justices J Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurien Joseph addressed the media and released a strongly worded letter signed by all of them against CJI Hon'ble Mr Justice Dipak Misra, accusing him of selectively placing sensitive matters before preferred benches. This is highly unbecoming of judges of the Supreme Court of India. If they have a grievance against the assignment of cases, let them resign.


By their conduct, they have brought disrepute to the great institution of Indian judiciary. And this calls for issuance of notice of contempt against them.

It is the prerogative of the CJI to prepare the roster and the law on this issue stands settled.

Showing disapproval is not the method to change settled principles, and that they should have explored in-house mechanism. Their conduct amounts to raising questions on the capability and integrity of other judges of the Supreme Court.

All judges, irrespective of seniority, have equal judicial powers, and any matter, sensitive or otherwise, can be placed before or heard by any judge or bench. Are other 21 judges not capable of hearing important matters? Is this what they are implying? What is their vested interest? Is this some kind of conspiracy? We want these answers.

In my view, these judges are in the minority, and they should accept it.

Why didn’t they request the CJI to convene a full court meeting to settle differences, if any, on handling of administrative matters of the apex court? Did they exhaust all remedies? Did they go to the President of India with a representation? Do they have doubts on every constitutional authority?

It is the same set of judges, who refuse to hear petitions filed by people, who approach courts without knocking at all grievance redressal forums. It is important that such matters are settled within the institution to preserve the faith of people in the system. Do they realise the damage they have done to the prestige and authority of the highest court? Can democracy survive without the faith of the people?

If these SC judges sent Justice CS Karnan of the Calcutta High Court, to jail for scandalising the judiciary, then what fate they themselves deserve for lowering the image of the judiciary?

You are living in a glass house with contempt powers: first resign and then talk. They have violated judicial discipline and self-imposed code of conduct. Judges should speak only through judgments.

None of them are resigning, yet their soul will suffer.

(Justice Sodhi is a former judge of the Delhi High Court)