Let Constitution bench hear sensitive cases: Jurists to CJI

Coming out in support of four Supreme Court Judges who held a press conference on Friday, a former Supreme Court Judge and three retired Judges of high courts on Sunday wrote an open letter to the Chief Justice of India (CJI), asking him that all sensitive and important cases, including pending ones, should be dealt with by a Constitution Bench of the five senior-most Judges only.

In their letter, former SC Judge PB Sawant, former Delhi HC CJ AP Shah, former Madras High Court Judge K Chandru, and former Bombay HC Judge Hosbet Suresh have expressed concern over the improper allocation of cases to preferred benches by the CJI.

Supporting the unprecedented press conference by the apex court Judges, the jurists have told 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."

"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," the letter added.

The jurists have also asked the CJI "to transfer all sensitive and important including pending ones" to be dealt with a Constitution Bench of the five 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," the letter reads.