New Delhi, Jan 12 (Deccan Chronicle): In an unprecedented event in the history of the Indian judiciary, four top judges of the Supreme Court met the media on Friday and said the “administration of the Supreme Court was not in order and many things which are less than desirable have happened in the last few months”.

The judges went public with their grievances against Chief Justice of India Dipak Misra, saying “unless the judiciary was preserved, democracy can’t be protected in the country”.

The justices did not elaborate on the issues "only to avoid embarrassing the institution but note that such departures have already damaged the image of this institution to some extent".

They sent a seven-page letter to the Chief Justice, (read below), saying while he was the "master of the roster", he was "only the first among equals -- nothing more or nothing less". It looks like they did not agree with the allocation of work by Chief Justice Dipak Misra.

The four – Justices J Chelameswar, Ranjan Gogoi, Madan Lokur and Kurien Joseph – addressed the media at Justice Chelameswar’s home, an event that Chelameswar said was “extraordinary in the history of any nation” but that they were “compelled” to do it.

Justice Chelameswar said: “We collectively tried to persuade Chief Justice of India (Dipak Misra) that certain things aren't in order… so take remedial measures, but unfortunately our efforts failed.”

“Let the nation decide that,” Justice Chelameswar said when asked if the Chief Justice of India should be impeached.

“We met the CJI today with a specific request which unfortunately couldn't convince him that we were right… therefore, we were left with no choice but to communicate it to the nation to please take care of the institution,” Chelameswar said.

Asked to give an example of what was not in order, Justice Chelameswar said: “A couple of months ago, the four of us gave a signed letter to the CJI. We wanted a particular thing to be done in a particular manner. It was done but in such a way that it raised further questions about the integrity of institution. The same thing happened this morning.”

Justice Gogoi said: “We are discharging our duty to the nation by telling you what’s what.”

Justice Chelameswar added: “All our efforts have failed and we are all convinced that unless this institution is preserved, democracy can’t be protected in the country.”

Justice Chelameswar concluded the meet by saying: “There are many wise men saying many wise things in this country. We don’t want wise men saying 20 years from now that Justice Chelameswar, Gogoi, Lokur and Kurian Joseph sold their souls and didn’t do the right thing by our constitution.”

After the press conference, Prime Minister Narendra Modi called the law minister and officers to discuss the issue.

Government sources said it was an internal issue of the Supreme Court, related to the administration of justice.

Here’s the text of letter given by 4 top judges of SC to CJI

Here is the text of the letter that the four top Supreme Court judges – Justice J Chelameswar, Justice Ranjan Gogoi, Justice Madam B Lokur and Justice Kurian Joseph have given to the Chief Justice of India.

Dear Chief Justice,

It is with great anguish and concern that we have thought it proper to address this letter to you so as to highlight certain judicial orders passed by this court which has adversely affected the overall functioning of the justice delivery system and the independence of the High Courts besides impacting the administrative functioning of the office of the Honourable Chief Justice of India.

From the date of establishment of three chartered High Courts of Calcutta, Bombay and Madras, certain traditions and conventions in the judicial administration have been well established. The traditions were embraced by this court which came into existence almost a century after the above mentioned chartered High Courts. These traditions have their roots in the anglo-saxon jurisprudence and practice.

Once of the well settled principles is that the Chief Justice is the master of the roster with a privilege to determine the roster, necessity in multi-numbered courts for an orderly transactions of business and appropriate arrangements with respect to matter with which member/Bench of this court (as the case may be) is required to deal with which case or class of cases is to be made. The convention of recognising the privilege of the Chief Justice to form the roster and assign cases to different members/benches of the court is a convention devised for a disciplined and efficient transaction of business of the court but no a recognition of any superior authority, legal or factual of the Chief Justice over his colleagues. It is too well settled in the jurisprudence of this country that the Chief Justice is only the first amongst the equals — nothing more or nothing less. In the matter of the determination of the roster there are well settled and time honoured conventions guiding the Chief Justice, be the conventions dealing with the strength of the Bench which is required to deal with a particular case or the composition thereof.

A necessary corollary to the above mentioned principle is the member of any multi-numbered judicial body including this court would not arrogate to themselves the authority to deal with and pronounce upon matter which ought to be heard by appropriate benches, both composition wise and strength wise with due regard to the roster fixed.

Any departure from the above two rules would not only lead to unpleasant and undesirable consequences of creating doubt in the body politic about the integrity of the institution. Not to talk about the chaos that would result from such departure.

We are sorry to say that off late the twin rules mentioned above have not been strictly adhered to. There have been instances where case having far-reaching consequences for the nation and the institution had been assigned by the Chief Justice of this court selectively to the benches ‘of their presence’ with any rationable basis for such assignment. This must be quarded against at all costs.

We are not mentioning details only to avoid embarrassing the institution but note that such departures have already damaged the image of this institution of some extent.

In the above context, we deem it proper to address you presently with regard the order dated 27th October, 2017, in R B Luthra vs. Union of India to the effect that there should be no further delay in finalising the Memorandum of Procedure in the larger public interest. When the Memorandum of Procedure was a subject matter of a decision of a Constitution Bench of this court in Supreme Court Advocates-on-Record Association and Anr. vs Union of India, [(2016) 5 SCC 1] it is difficult to understand as to how any other bench could have dealt with the matter.

The above apart, subsequent to the decision of the Constitution Bench, detailed discussions were held by collegium of five judges (including yourself) and the Memorandum of Procedure was finalised and sent by then Honourable Chief Justice of India to the Government of India in March 2017. The Government of India has not responded to the communication and in view of this silence, it must be taken that the Memorandum of Procedure as finalised by the collegium has been accepted by the Government of India on the basis of the order of this court in Supreme Court Advocates-on-Record Association (Supra). There was, therefore, no occasion for the bench to make any observation with regard to the finalisation of the Memorandum of Procedure or that issue cannot linger on for an indefinite period.

On 4th July,. 2017, a bench of seven judges of this court decided In Re Honourable Shri Justice CS Karnan [(2017) 1 SCC 1]. In that decision (referred to in R P Luthra) two of us observed that there is a need to revisit the process of appointment of judges and to set up a mechanism for corrective measures other than impeachment. No observation was made by any of the seven learned judges with regard to the Memorandum of Procedure.

Any issue with regard to the Memorandum of Procedure should be discussed in the Chief Justices’ conference and by the Full Court. Such a matter of great importance, if at all required to be taken on the judicial side, should be dealt with by none other than a Constitution Bench.

The above development must be viewed with serious concern. The Honourable Chief Justice of India is duty bound to rectify the situation and take appropriate remedial measures after a full discussion with the other members of the collegium and at a later stage, if required, with other Honourable Judges of this court.

Once the issue arising from the order dates 27th October, 2017, in R P Luthra vs Union of India, mentioned above, is adequately addressed by you and if it becomes so necessary, we will apprise you specifically of the other judicial orders passed by this court which would require to be similarly dealt with.

With kind regards,

J. Chelameswar

Ranjan Gogoi

Madam B Lokur

Kurian Joseph