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HomePoliticsIndiaSC crisis: 4 retired judges write open letter to CJI

SC crisis: 4 retired judges write open letter to CJI

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New Delhi: Four retired judges, including an ex-Supreme Court judge, today wrote an open letter to the chief of India, saying they agree with the issues raised by the four apex court judges over allocation of cases and the crisis needs to be resolved “within the judiciary”.

The letter by former apex court judge P B Sawant, ex- chief of High Court AP Shah, former Madras High Court judge K Chandru and ex-Bombay High Court judge H Suresh was given to the media.

Shah said that the view expressed by the retired judges is “quite similar to the views of the Supreme Court Bar Association (SCBA) that till this crisis is resolved, the important matters should be listed before a five-judge Constitution bench of senior judges”.

Shah said that earlier he was not sure about the consent given by the other three judges and, therefore, he initially denied having written any letter but now all of them have given consent to it.

The letter quoted the judges as having said, “The four senior puisne Judges of the Supreme Court have brought to light a serious issue regarding the manner of allocation of cases, particularly sensitive cases, to various benches of the Supreme Court.

“They have expressed a grave concern that cases are not being allocated in a proper manner and are being allocated arbitrarily to particular designated benches, often headed by junior judges, in an arbitrary manner. This is having a very deleterious effect on the administration of and the rule of law.”

The four retired judges said that they agree with the four judges of top court that though the is the master of roster and can designate benches for allocation of work but 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,” they said.

The letter further said that “however till that is done, it is important that all sensitive and important cases including pending ones, be dealt with by a Constitution bench of the five seniormost judges of this Court”.

PTI

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