Many Courts on many occasions have said"It had been done without application of mind."In every procedure or process the application of mind is needed ie as the court had meant not follow blindly .Then statements are there that law grows.The thinking said is here is not at all to defend anybody .Some master roaster can be overbearing too.That cannot be ruled out.But this set of people are some who are supposed to be above the fallibles of ordinary being.Even when the master roaster is wrong that wrong must be said specifically ,why something is wrong, first it must be discussed among themselves.If they are doing it now they should have done it earlier without the road show.This words sensitive and important cases ""make one wonder whether unimportant cases go to Supreme Court" at all or whether Supreme court is meant for important(?) cases like that of Rohingya Refugees.:Sensitive>Internet gives these meanings:having or displaying a quick and delicate appreciation of others' feelings :quick to detect or respond to slight changes, signals, or influences."Every one in India will think that all the judges of supreme court are quick to detect or respond to slight changes, signals, or influences, and are having or capable displaying a quick and delicate appreciation of others' feelings.Are not the argument that only senior be given the so called sensitive cases belittles their brother judges.R.Ponnambalam
Here is a good example for workers in Industry to follow.Whenever some worker or workers feel aggrieved,right or wrong that the work allocation by his manager or supervisor is arbitrary he or a few of such workers can come out and hold a press conference telling that the work allocation is done in arbitrary manner, and keep behaving as they like.You can go to court and tell the court that there is precedence from the court itself that it is acceptable.You will get attendance and salary.WE WILL BECOME A GREAT COUNTRY.R.PONNAMBALAM
Here is a good example for workers in Industry to follow.Whenever some worker or workers feel aggrieved,right or wrong that the work allocation by his manager or supervisor is arbitrary he or a few of such workers can come out and hold a press conference telling that the work allocation is done in arbitrary manner, and keep behaving as they like.You can go to court and tell the court that there is precedence from the court itself that it is acceptable.You will get attendance and salary.WE WILL BECOME A GREAT COUNTRY.R.PONNAMBALAM
A former Supreme Court Judge, a former Chief Justice of Delhi High Court and two other former judges of High Courts penned an open letter to the CJI stating ,“we agree with the four Judges” Former Judge of Supreme Court of India, Justice P.B. Sawant (Retd.) and former Chief Justice of Delhi High Court A.P. Shah (Retd.), along with two other former judges of High Courts, penned a letter to Chief Justice Dipak Misra, supporting the four senior judges of the Supreme Court who went public with their difference with CJI Misra.“We agree with the four Judges that though the Chief Justice of India is the master of roster and can designate benches for allocation of work, this does not mean that it can be done in an arbitrary manner such that, sensitive and important cases are sent to hand picked benches of junior judges by the Chief Justice,” judges wrote in an open letter addressed to the CJI.
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by Sunil Vaidya on Jan 14, 2018 10:41 PM
Demanding ‘clear rules and norms for allocation of benches and distribution of cases’, the former judges suggested, “However, till that is done, it is important that all sensitive and important cases including pending ones, be dealt with by a Constitution Bench of the five senior most Judges of this Court.Calling it an ‘important letter’, Prashant Bhushan, a renowned lawyer and activist, tweeted, “Important letter to CJI by former judges, about the pressing need for a fair, rational and transparent method for allocating cases to benches, to avoid bench fixing by CJI.” “Pending that, all sensitive cases must be before bench of five senior judges,” he noted.Apart from Justices Sawant and Shah, the letter is signed by Justice K. Chandru, (Retd.) former Judge, Madras High Court and ustice H. Suresh, (Retd.) former Judge, Bombay High Court.
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by Sunil Vaidya on Jan 14, 2018 10:46 PM
Open Letter to the Chief Justice of India
Dear Chief Justice,
The four senior puisne Judges of the Supreme Court have brought to light a serious issue regarding the manner of allocation of cases, particularly sensitive cases, to various benches of the Supreme Court. They have expressed a grave concern that cases are not being allocated in a proper manner and are being allocated arbitrarily to particular designated benches, often headed by junior judges, in an arbitrary manner. This is having a very deleterious effect on the administration of justice and the rule of law.
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by Sunil Vaidya on Jan 14, 2018 10:46 PM
We agree with the four Judges that though the Chief Justice of India is the master of roster and can designate benches for allocation of work, this does not mean that it can be done in an arbitrary manner such that, sensitive and important cases are sent to hand picked benches of junior judges by the Chief Justice. This issue needs to be resolved and clear rules and norms must be laid down for allocation of benches and distribution of cases, which are rational, fair and transparent. This must be done immediately to restore public confidence in the judiciary and in the Supreme Court. However till that is done, it is important that all sensitive and important cases including pending ones, be dealt with by a Constitution Bench of the 5 senior most Judges of this Court. Only such measures would assure the people that the Supreme Court is functioning in a fair and transparent manner and that the power of the Chief Justice as master of roster is not being misused to achieve a particular result in important and sensitive cases. We therefore urge you to take immediate steps in this regard.
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by R ponnabalam on Jan 17, 2018 11:08 AM
Only such measures would assure the people that the Supreme Court is functioning in a fair and transparent manner and that the power of the Chief Justice as master of roster is not being misused to achieve a particular result in important and sensitive cases. We therefore urge you to take immediate steps in this regard.This entire episode has given me, one among the public very ordinary monthly wage earner the lack of confidence that the supreme court is not functioning properly.As the word bench fixing has come about it can be there that there is justice fixing also.If any company has no faith on the ability of equitable job allocation by a manager he is shown the door or at least transferred.Now four out of some 25 or so judges are telling that the job allocation by their head is unequitable and arbtitrary.They could have reported to the collegium or to some competent authority and got him removed or could have made him correct himself if he could be shown as wrong.Why to make road showR.Ponnambalam
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by R ponnabalam on Jan 17, 2018 11:35 AM
that the power of the Chief Justice as master of roster is not being misused to achieve a particular result in important and sensitive cases. We therefore urge you to take immediate steps in this regard."WHat measures would ensure the public that the position & power of seniority of judges is not used or misused to raise doubts in the minds of the public and wonder"What a bench or a bunch of 25 judges can decide honestly sincerely and lawfully if they cannot decide on lawful fair job allocation and is the respect and faith we the people of India placed on Judiciary is MISPLACED,R.Pnnambalam
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by R ponnabalam on Jan 17, 2018 10:21 AM
“Pending that, all sensitive cases must be before bench of five senior judges,” What are sensitive cases and from what perspective and for what reasons they are sensitive?Why not that be said in public?Are not all cases sensitive in absolute terms to the parties concerned?It is just jugglary!Should a case be decided on it's merit or it's so called sensitivity.When StateGovts' had not controlled riots due to the so called sensitivity the courts had told to go tough words.Does this not sound contradictory to that R.Ponnambalam
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by R ponnabalam on Jan 17, 2018 10:45 AM
Pending that, all sensitive cases must be before bench of five senior judges,” Does this give the ordinary public the privilege to know what is sensitive case in Supreme court and what is not?By the arguments advanced so far somebody cannot arbitrarily decide something as sensitive and something as non sensitive.Who will decide sensitivity of case .Is the case being heard and decided in the court on the basis of sensitivity or on lawfulness.What matters sensitiveness or rule of rule law?What we should have, rule of law or rule of flaw R.Ponnambalam
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by R ponnabalam on Jan 17, 2018 10:53 AM
Demanding ‘clear rules and norms for allocation of benches and distribution of cases’, the former judges suggested, “The country and The Govt.should give this demand facility to all the workers in all the industries.Every manager in the shop will take the opinion of all the workers in the company ,conclude that he had not taken arbitrary decision and decide on how sensitively they feel about it and give instruction.We are given an excellent MODEL TO FOLLOW FROM THE MOST UNEXPECTED QUARTER.LABOUR UNIONS, This is the Chance for you R.Ponnambalam
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by R ponnabalam on Jan 17, 2018 11:12 AM
Pending that, all sensitive cases must be before bench of five senior judges,” he noted.THIS IS BENCH FIXING AND THAT TOO FROM INSIDE AND OUTSIDE .IT IS STILL WORSE THAN WHAT IS COMPLAINED ABOUT.R.PONNAMBALAM
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by R ponnabalam on Jan 17, 2018 12:02 PM
However, till that is done, it is important that all sensitive and important cases including pending ones, be dealt with by a Constitution Bench of the five senior most Judges of this Court.Why so? That can be construed as bench Fixing !Let it be said that till all judges feel confident that the Master of roaster is doing a correct job, the current Master of Roaster should not be the master of roaster R.PONNAMBALAM
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by R ponnabalam on Jan 17, 2018 12:02 PM
However, till that is done, it is important that all sensitive and important cases including pending ones, be dealt with by a Constitution Bench of the five senior most Judges of this Court.Why so? That can be construed as bench Fixing !Let it be said that till all judges feel confident that the Master of roaster is doing a correct job, the current Master of Roaster should not be the master of roaster R.PONNAMBALAM
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by R ponnabalam on Jan 17, 2018 10:38 AM
“We agree with the four Judges that though the Chief Justice of India is the master of roster and can designate benches for allocation of work, this does not mean that it can be done in an arbitrary manner such that, sensitive and important cases are sent to hand picked benches of junior judges by the Chief Justice,”Where does the responsibility of the master of roaster , be it in a court or in an industry start and end.If the subordinate makes a blunder can the master tell that it had been done by consultation and so he is to be absolved.What is arbitrary to one is not arbitrary to another- I am telling cases in Industries- ,he might have his reasons and he need not explain it now as he holds himself responsible for it in proportionate to his authority.What is sensitive and why.Again what some think as sensitive need not be sensitive to others and sensitive to whom,Sorry state of affairs from unexpected quarters .When a supreme court judge is junior does that mean and compel that it excludes him from some cases Are cases are segregated as sensitive cases and non sensitive cases like junior judge and non junior judge .What is arbitrary,Should the deciding authority give reasons for his decisions to some one to whom he is not reporting,Is it a way of telling that the deciding authority lacks competence to take correct decisions R.Ponnambalam
I doubt these four guys suddenly dragging the internal issue of the SC into the streets with some hidden agenda. The news has come now like, 2 among them has said that it is an internal issue. What ever issue it may be, how the common public could solve the courts' problem. So the intention itself is doubtful. And how come some opposition guys are meeting with these judges. If they have some other agenda, leave the job and join them. Do not try to fool the people of India. Common man knows the truth.
I doubt these four guys suddenly dragging the internal issue of the SC into the streets with some hidden agenda. The news has come now like, 2 among them has said that it is an internal issue. What ever issue it may be, how the common public could solve the courts' problem. So the intention itself is doubtful. And how come some opposition guys are meeting with these judges. If they have some other agenda, leave the job and join them. Do not try to fool the people of India. Common man knows the truth.
focussed on the Memorandum of Procedure of the Supreme court and how the chief justice ignored their appeals to him to stop violating it.
Those few komaaaaaali party bhxakxts who understood what the Memorandum of Procedure and what it prescribes for the composition and strength of benches for trying cases are, kept quiet owing to lack of arguments.
But the great majority of the komaaaaalis bhxakxts are ignxorant..... and stuxpid !
And so they leap into debates with gaxy abandon not even capable of understanding what laid down procedures are for !
It was surprised to see that what happened all of sudden that all 4 judges has made press conferences at working hours , the conference may have held after court hours in the evening. There is some thing phising.
Suddenly Rajiv Malhotra's book breaking India which draws on the strategy of a anglodalit rebellion with support of leftist naxalites makes more sense. I think these 4 should be pulled up with serious investigation by ED and Intelligence Bureau.
