For reasons too obvious, I will not deal with this case. I am going to retire in two months, says Chelameswar
"There has been a relentless campaign against me that I am waiting to grab some office", said Justice Jasti Chelameswar on Thursday, the latest in the ongoing infighting in the Supreme Court.
The second most senior judge expressed his anguish while refusing to hear a petition that questions the Chief Justice of India's role as the master of the roster.
"For reasons too obvious, I will not deal with this case. I am going to retire in two months. I am sorry, you please understand my difficulty. I do not want another reversal of my order in 24 hours," Chelameswar said.
He said he wrote a letter a few days ago to highlight affairs in the Supreme Court and in the country. "The country will understand everything and follow its own course," he said.
His comments came in response to former Law Minister Shanti Bhushan's petition that seeks guidelines on the CJI's role in case allocation and Bench formation.
Chelameswar was referring to his last year's order on allegations of bribery against certain judges that was reversed the next day by a Bench led by CJI Dipak Misra.
The comments came a day after a Supreme Court Bench headed by CJI Misra reasserted his own authority, in the face of criticism from fellow judges, and said he is the first among equals and cannot be distrusted.
Bhushan's petition said powers to constitute Benches and allocate cases should be exercised by the CJI in consultation with other senior judges. Bhushan said the petition should not be heard by a bench of the CJI.
Denied urgent listing of his father's plea, his advocate son Prashant Bhushan rushed to the court of CJI Misra who said: "We will look into it."
Chelameswar's comments also come against the backdrop of two recent letters written by him and Justice Kurian Joseph over the affairs of the Supreme Court and alleged interference by the Executive into judicial matters.
On Wednesday, the Bench of CJI Misra and justices AM Khanwilkar and DY Chandrachud dismissed a petition filed by Lucknow lawyer Ashok Pande who had sought "transparent" guidelines on allocation of cases and constitution of Benches to hear them. The Bench said the CJI is a high constitutional authority to do both jobs for smooth dispensation of justice.
"There cannot be a presumption of distrust against the CJI in his exclusive prerogative, granted by the Constitution, to set up Benches and allocate cases to judges," Justice DY Chandrachud said, speaking for the Bench.
The petition was filed after the top court's four most senior judges held an unprecedented press conference in January and criticised CJI Misra for his style of administration and allocation of cases. Justices J Chelameswar, Ranjan Gogoi, MB Lokur and Kurian Joseph had also said that they went public against the CJI to "save the institution and the democracy."
In November last year, CJI Misra had formed a five-judge Constitution Bench to declare his position as the "master of the roster."
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 "Justice Jasti Chelameswar")
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