Situation Must Have Been Desperate for Judges: Justice AK Ganguly

A day after an unprecedented press conference by four sitting judges of the Supreme Court shook the legal system and the entire country, former SC judge AK Ganguly told The Quint that the move shows that the judges are in a desperate situation.

I can’t say that I support the move but can’t criticise them either because they are senior and responsible judges. They must have felt that the administration of justice was not on proper lines, therefore pricking their conscience.

Justice AK Ganguly 

"This is not just unprecedented in India, but also in the top courts across the world,” he added.

Threat to Judicial Independence from Within

I am reminded of a quote by erudite Judge Tuljapulkar which said that the threat to the judiciary is not from outside but from within. If the judges are strong then none can threaten the judiciary.

He said that there were many judgments that he himself passed – sensitive in nature – but made sure to never succumb to the pressure of the executive.

‘Creases Must Be Ironed Out by Judges’

Justice Ganguly also said that problems of administration must be sorted out by creating a consensus among the judges. He also spoke about selective assignment of cases to specific benches.

Assigning cases to the benches is a power held by the Court and the CJI, but that power should be exercised arbitrarily and in a manner so that even the judges feel that justice is not done. Judges feel justice is becoming a scapegoat. Matters which have far-reaching consequences are being heard by junior judges and top judges are being bypassed.

On Justice Loya

I think the petition that has been filed in the SC has been assigned to the bench of Justice Arun Mishra. Justice Chelameswar openly said that he wanted to persuade the chief justice on something, maybe this was the matter. Matters which are of extreme importance, not just this case, should be presented before the senior most judges.

CJI Must Resolve Impasse

The Honorable CJI must sit not just with these four judges but the whole court. Our SC is too precious an institution to be ignored. It’s functioning cannot be impeded by internal squabbles. It’s the last court in the largest democracy in the world.