It’s been 5 years since the death of the NJAC act. The act, which was supposed to alter the way of appointment of judges, was pronounced unconstitutional by the constitutional bench of the Supreme Court of India by 4:1 on 16th Oct 2015 (Law, 2015). Since then there has been no sound around the same yet the ruling party looks comfortable as the judiciary inadvertently aligns with their interests. For the last 3 years, the CJIs have been under constant shelling of criticism yet they seem to be immune and touchy at the same time. Inaction on Kashmir and CAA and punishing Prashant Bhushan’s for contempt are perfect examples of the same. But, why is this happening? Has the government found a way to ensure judicial alignment and immunity? Probably the answer lies in one of the core pillars of Chanakya Neeti: Bhed (Secret).
In 2017, Justice Khehar took over as the CJI of Indian for just 7 months in January of 2017, and in his short duration he gave landmark judgments in two cases “Triple talaq” and “Right to Privacy”. As soon as he was appointed a suicide letter of the late chief minister of Arunachal Pradesh Khaliko Pul was published by the Committee of Judicial accountability (Quint, 2020). Yet, no serious action was ever taken. It is important to note that Justice Khekar was one of the judges who struck down the NJAC Act.
He was succeeded by Justice Dipak Mishra who left behind a controversial legacy. His (pro-government) actions were questioned openly by his colleagues (remember the press conference) and even lead to an attempt of impeachment. But what is interesting to note is that he was one of the co-conspirators in the Suicide case. His name was also there in the suicide letter along with Justice Khehar (Print, 2018). So, when Dipak Mishra’s name was suggested to the government for the seat of CJI many objections were raised yet he was the “Master of the Rooster” for over a year.
Then came Justice Gogoi, one of the 4 justice who held the press conference against Justice Mishra (Hindu, 2018). High hopes rode on him and there was a belief that honesty will prevail. But, like the common man, the judiciary did not see “Acche Din”. He will be remembered as the Judge who chaired a case of Sexual Harassment against himself and ensured a clean chit for himself (Express, 2019). His judgments and in-actions have not only compromised national security but also have tarred the fabric of national integrity and unity. He will always be remembered as the Judge who sold the justice of the nation for a Rajya Sabha seat (Times, 2020).
He was followed by the “Harley Man” Justice Bobde. The one who was not only ‘ignorant’ of the fact that the owner of the Harley son of the BJP MLA but also ‘ignored’ the communal and unconstitutional activities happening in the country. On the prima facie it may seem that he has no connection with the previous trio. But, he does. He is the one who held the closed-door hearings and gave the clean chit to Gogoi (Express, 2019).
So, from 2017, every judge had a skeleton hanging out in open, and every decision was in favor of the government. Everyone has his laundry hanging by a single string which started with the death of NJAC. Khehar struck down the AJMC but later he and Mishra were found to be the co-conspirators in the same suicide. Then came Gogoi who was rattled by a Sexual Harassment case and ensured a clean chit for himself with the help of the current CJI. It cannot be a mere coincidence that BJP who was dead against the collegium system is suddenly comfortable with the arrangement. Probably they have found a way to ensure mutual back-scratching. Probably their Chanakya has found a secret thread to puppet the judiciary.
Now when Justice Ramana (set to become next CJI) finds himself in the eye of a storm with some serious allegations one can only wonder if this becomes his laundry on the string (Chronical, 2020).
May long live the Judiciary May long live the Democracy.
Sources
Chronical, D. (2020, October 11). https://www.deccanchronicle.com/nation/politics/111020/justice-nv-ramana-high-court-judges-trying-to-destablise-my-governmen.html. Retrieved from https://www.deccanchronicle.com/.
Express, I. (2019, May 7). https://indianexpress.com/article/india/cji-ranjan-gogoi-sexual-harassment-allegations-clean-chit-woman-says-worst-fears-have-come-true-5713932/. Retrieved from https://indianexpress.com.
Hindu, T. (2018, Jan 12). https://www.thehindubusinessline.com/news/supreme-court-crisis-all-not-okay-democracy-at-stake-say-four-seniormost-judges/article10028921.ece. Retrieved from https://www.thehindubusinessline.com.
Law, L. (2015, Oct 16). https://www.livelaw.in/njac-unconstitutional-constitution-bench-41-2/. Retrieved from http://www.Livelaw.in.
Print, T. (2018, March 30). https://theprint.in/opinion/off-court/214-days-of-unending-controversies-for-chief-justice-dipak-misra/45821/. Retrieved from http://www.theprint.com.
Quint, T. (2020, Feb 12). https://www.thequint.com/news/law/kalikho-pul-suicide-note-supreme-court-controversy-death-of-son-cji-khehar-misra. Retrieved from https://www.thequint.com.
Times, H. (2020, March 19). https://www.hindustantimes.com/india-news/former-cji-ranjan-gogoi-takes-oath-as-rajya-sabha-mp/story-ez8bN8WhX8pnCr9LgXpZSL.html. Retrieved from https://www.hindustantimes.com.
Musings of Rahul 
Leave a comment