Supreme Court judge Jasti Chelameswar takes on CJI Dipak Misra, again

The troubles that dog the Chief Justice of India (CJI) Dipak Misra show no signs of abating. Justice Jasti Chelameswar's letter to the CJI Misra, highlighting State interference in the independence of the judiciary is the latest controversy spilling from the apex court's corridors.

On March 21, Justice Chelameswar, the second senior most judge at the top court, wrote to CJI Misra and reproached the Centre in the letter for its "impropriety" and "contumacious" attitude.

Quoting Lord Bingham from the book 'Rule of Law', that it was not conducive to live in a world where "all judicial decisions found favour with the powers that be", Justice Chelameswar urged CJI Misra that the "time was ripe for the consideration of the Full Court on the judicial side, if this institution really is be any more relevant in the scheme of the Constitution."

The catalyst for Justice Chelameswar to put pen to paper was the news that the Chief Justice of Karnataka High Court Dinesh Maheswari re-initiated an inquiry against a judicial officer at the behest of the Centre.

The elevation of Judge P. Krishna Bhat, a District and Sessions Judge in Karnataka, was stalled in lieu of allegations of "atrocities and abuse of power" by a female judicial officer. Though cleared of all charges twice, instead of elevating him or writing to the collegium to clear any contentions, the HC reopened the inquiry against judge Bhat, apparently on the instructions issued in a letter written directly by the Law Ministry.

In a scathing indictment of the State, Justice Chelameswar wrote: "We, the judges of the Supreme Court of India, are being accused of ceding our independence, our institutional integrity to the Executive's incremental encroachment."

The Executive is always impatient, and brooks no disobedience even of the judiciary if it can. Attempts were always made to treat the Chief Justices as Heads in the Secretariat. So much for our "independence and preeminence" as a distinct State organ."

The letter that was also marked to all 22 judges of the apex court has reignited the debate of judicial independence and all that's wrong with the current Collegium. "I read with dismay and disbelief the "confidential report" sent to the Hon'ble Chief Justice by Shri Dinesh Maheswari, the Chief Justice of Karnataka High Court. To begin with, it was unasked for. Second, it is uncalled for. The confidential report blatantly records the impropriety of the executive directly contacting the High Court to reassess a collegium recommendation of the Supreme Court," the letter read.

Justice Chelameshwar alleged, "no career conscience judge would ever risk disciplining his subordinates," as was the case of judge Bhat who had sent a report to the HC concerning "the (mis)conduct" of the female judicial officer. Justice CHelameswar observed that prior to the report, judge Bhat's record was clean and clear of complaints.

However, the larger issue raised by Justice Chelameswar is the on going tussle between the government and the judiciary over the elevation and appointment of judges.

"For sometime, our unhappy experience has been that the Government's accepting our recommendations is an exception and sitting on them is the norm. "Inconvenient" but able judges or judges to be are being bypassed through this route," he said.

Justice Chelameswar's anguish at the State's interference was succinctly expressed when he said: "We only have to look forward to the time, which may not be far-off if not already here, when the executive directly communicates with the High Courts about the pending cases and what orders to be passed. We can be happy that much of our burden is taken away. And an Honourable Chief Justice like Dinesh Maheswari may perhaps be ever willing to do the executive bidding, because good relations with the other Branches is a proclaimed constitutional objective."

CJI Misra may currently face a no-confidence vote as a letter seeking impeachment may soon be introduced in the Parliament. DNA has gathered that at the moment, the letter has already garnered 40, of the required 50 signatories.