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Revolt of 2017


It's an old saying the crown bears the thorns. It has been a poignant start to this year. The distinguished judges of Supreme Court have the responsibility to maintain the integrity and discipline of the institution. Any dissent must be addressed within the system. A revolt of sorts is rather revolting to my conscience. To young lawyers like me the institution is a temple of justice and the judges are their Lordships.
But can the Cesar's wife  be above suspicion? Alot happens behind the corridors of justice and power. Rumors like smoke find their way out from the screen. The veil must be pierced. The truth will prevail. It must triumph.
Politics of caste - region- religious- language must be stopped. My heart is saddened to see the credibility of institution been shaken. But if those in power who have responsibility to impart justice and preserve the integrity of the institution deem fit that the veil must be pierced then may be this is what our country needed.

Perhaps the senior most judges tried their best to resolve differences within the walls of the institution. But certainly the establishment has been shaken. I am shocked and sad to see this public display of dissent. But I am hopeful that something good for the country will come out of this.
In all fairness, CJI has shown great restraint in not showing a knee jerk reaction and holding his own press conference. Perhaps the collegium ltried to preserve the integrity of the designation and institution of the democracy. Perhaps, its a finely scripted and perfectly timed show of dissent. Only time will tell whose right and whose wrong.

My first reaction to the news was if Justice K. Joseph has taken a stand then there must be some merit in it. He always conducts hearings fairly, impartially and innovatively. As a young lawyer, I seek inspiration and light from wherever I can find it.

Surely, the senior most judges had given a time and thought to the entire matter. We don't know if efforts were made to convene a full court discussion. In India we have 25 Supreme judges and 1 Supreme Court. All of them are supremely equal and therefore any dissent should have been addressed within the confines of the opaque system to preserve the sanctity of the institution. Or perhaps the seniormost judges thought it's time to address the rampant corruption in the topmost level of judiciary by holding a press conference.
Have press conferences been useful in the past? Shouldn't there be a proper enquiry and proceeding to get the house in order?

Will holding an enquiry mean undermining the independence of the constitutional establishment? Yes. Can a judges be the judge in their own cause? Yes, to preserve the interference of legislatives and executives, a judicial enquiry must be held to hold all guilty accountable. Favoritism, corruption and nepotism must be called out in the highest institution of justice. Perhaps their Lordships have started a #metoo campaign of their own.
It's a laudable step to call out the issue and address it fair and square but good must come out of it for all times. The country should be the ultimate winner not the interests of an individual. Sr. Adv Dushyant Dave had Cited specific instances in a recent newspaper article about procedure not being followed by the CJI.
The Bar and the Bench are so policitised that the general public would never understand what really happened and what the truth was. Everybody will choose their own truth and history will repeat itself. I have not chosen my truth yet. I am still reading, learning and analyzing. Choose your truth wisely.
All the 5 seniormost judges have rendered distinguished service to the nation and their judgments are
Educative. Therefore, somewhere when someone critises a particular judge or decries temple of justice my heart bleeds because criticism is welcome but the language should be respectful, courteous and graceful. With great power comes great responsibility. With freedom of speech and expression comes greatest responsibility of being courteous.

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