IF THERE IS ANYTHING WRONG THAN OTHER 20-JUDGES HAD ALSO COME OUT IN PUBLIC, BUT IT SEEMS THEY ALL ARE SATISFIED BY THERE JOB.SO IT LOOK LIKE THIS FOUR ARE ON WRONG TRACK.
I do not know who is right or wrong among 5 judges. It can be decided after understanding how discretion is exercised. If it is exercised judiciously, Then Cji may be right. Otherwise Four Judges may be right Present available information on media is not sufficient to arrive any conclusion However we are of this view In Indian circumstances,Appoinment etc of Judges should not be under any type of control of politicians This present episode in Supreme Court should not be permitted to give power to politicians in interfering Judiciary
Re: legal position on discretion
by venu gopal on Jan 19, 2018 01:09 PM
Subash Chandra. Politicians are controlling the Judiciary. Once the names of Judges (selected) by cllegium , it is send to law ministry for approval, it is whims & fancy of govt of the day to pass he whole lot or retun back to collegium for review ,deletion, addition, etc.then when the govt approves only it goes to president for clearance. So how do you say politicians should not be given control. this is going on since independence.
Part of our culture post independence. Let us see how Modi tackles it, we have seen all intolerance, caste based division, religious based hate, etc.,etc., - part of political agenda, now judges too showing their bias approach to judicial system.
The reason is obvious. They have personal interest in some of the cases, which were allocated to different benches by CJI as per procedure. In connivance with the Big Open Hand and the small Left Hand, they wanted to give per-determined judgements to those cases which were drifted away from under their feet. This frustrated them to revolt. If they got an opportunity to decide on those cases favoring their political masters. When this happens, if the next government of their favored political party comes into power, the revolted judges who are to retire in a few months, will be ion gravy train after their retirement.I don't know if my comments will be posted.
Re: Why are judges' disputes coming out in the open?
by janga sridhar on Jan 19, 2018 05:57 PM
You nailed it. It is not the roster system or constitution of benches. That thing is a charade. The real purpose was their personal interest in certain cases. Those who dragged the SC to a press conference are not fit to be judges anymore.
In Indian circumstances,Appoinment of Judges should not be under any type of control of politicians This present episode in Supreme Court should not be permitted to give power to politicians in interfering Judiciary
