Supreme Court updates: No more rebellion, says BCI chief 2 days after SC judges hold presser against CJI

Meanwhile… Aadhaar tweets out ‘myth busters’ intermittently; claims banking, financial data not tracked via UIDAI

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आधार एक पहचानक मात्र है, कोई प्रोफाइलिंग उपकरण नहीं।#AadhaarMythBuster pic.twitter.com/t93bWUyzkp

— Aadhaar (@UIDAI) January 17, 2018

SD: the UK abandoned its identity system beacause it was "unsafe, untested.... and could be a threat to personal rights." (still quoting the Standing Committee)

— Gautam Bhatia (@gautambhatia88) January 17, 2018

United Kingdom revoked it biometric database, petitioner tells SC

SD points to the Committee's observation that the United Kingdom revoked its national biometric database.

— Gautam Bhatia (@gautambhatia88) January 17, 2018

Architecture that allows surveillance not permissible: Divan

#Aadhaar: You make take several steps to prevent leakages. But still an architecture which allows surveillance is not be permissible, Shyam Divan.

— Bar & Bench (@barandbench) January 17, 2018

Justices AK Sikri and DY Chandrachud seek to know how is the Aadhaar biometrics system different from the biometrics for US Visa?

Ensuring Aadhaar data is not misused not enough to grant it legality, petitioners argue in case

Justice Chandrachud asked that if the government ensures that Aadhaar data is used only for the purpose it is collected, will it address the concerns raised by the petitioners. To this the petitioner’s lawyer replied that the design in itself is bad as it allows State domination. Shyam Divan further argued that the problem is not that whether the State is actually tracking its citizens or not but the fact that the Aadhaar makes it possible.

Aadhaar alters the relationship between the citizen and the State

Senior Advocate Shyam Divan today submitted in court that Aadhaar seems too alter the relationship between the citizen and the State, while diminishing the status of the citizen. All rights, a citizen could earlier freely assert have now been made part of a “compulsory barter”, averring, “The barter compels the citizen to give up his biometrics ‘voluntarily’, unless the number is seeded in databases of the service provider, the citizen is denied access to these most essential facilities. “Inalienable and natural rights are dependent on a compulsory exaction.”

‘People’s Constitution is being sought to be converted into a State’s Constitution’

#Aadhaar case: Senior Supreme Court lawyer, Shyam Divan, appearing for petitioners, told the five-judge Constitution bench that '#Aadhaar may cause death of citizens' civil rights. A people's Constitution is being sought to be converted into a State's Constitution.'

— ANI (@ANI) January 17, 2018

Aadhaar act cannot be used to deny basic amenities, rights or benefits, says petitioner’s lawyer Shyam Divan 

#AadhaarCase | Shyam Divan also argues that #Aadhaar Act cannot be used to deny basic amenities, rights or benefits pic.twitter.com/nSUvl1Gb4L

— CNBC-TV18 (@CNBCTV18Live) January 17, 2018

Collection of crucial biometric data for 7 years illegal, passing Aadhaar act doesn’t cure illegality, petitioner tells court

SD: When you are picking up sensitive data for seven years, there must be some standard of governance.

— Gautam Bhatia (@gautambhatia88) January 17, 2018

SD says that biometric collection was patently illegal, and that illegality was not cured by the passing of the Aadhaar Act.

— Gautam Bhatia (@gautambhatia88) January 17, 2018

Aadhaar a giant electronic leash, says petitioner in court

#Aadhaar: Sr adv Shyam Divan, for petitioners, argues:

* Aadhaar may cause death of civil rights of citizens

* State will dominate citizens

* A people's Constitution is being sought to be converted into a State's Constitution
(2/3)

— News18 Courtroom (@News18Courtroom) January 17, 2018

#Aadhaar: Divan adds:

* People's rights can't be tethered to a switch

* Aadhaar is a giant electronic leash

* Aadhaar was an advent of all intrusive State which recognises numbers and not people

Arguments to resume at 2.30 PM
(3/3)

— News18 Courtroom (@News18Courtroom) January 17, 2018

Hearing resumes, final arguments in Aadhaar case begins

The final arguments in Aadhaar case begin before the Constitution Bench of Supreme Court. At the start of the arguments, Attorney General sought time bound arguments. A-G reminded the Bench that Ramjanmabhoomi land title dispute case is also scheduled to be taken up from 8 February.

Retired High Court judge and accused IM Quddusi moves CBI court against leak of phone records

#MCI scam: Retd HC judge and accused IM Quddusi moves CBI court against leak of phone records.
He seeks probe against those behind the leak, questioning whether CBI leaked records.CBI court to hear case on Jan 22. A website and NGO CJAR have release the transcripts.

— News18 Courtroom (@News18Courtroom) January 17, 2018

Since Supreme Court’s 2013 verdict on homosexuality, at least 10 countries have legalised homosexuality

A total of five countries — Uruguay, New Zealand, France, Brazil, and England and Wales — legalised gay sex in 2013. Here is the full report on how the world has changed its views on homosexuality since 2013.

What two recent SC judgments tell us about court’s altered view on sexuality and privacy in India

Ajay Kumar writing for Firstpost  details that two judgments, one regarding rights of transgender people and the other about the Right to Privacy show that the court’s view has changed considerably on sexuality and privacy.

Judges meeting for lunch

India Today reported that the CJI is meeting the judges for lunch. Three of the dissenting judges are present at the meeting. Justice Chelameswar is absent. Justice Bobde and Justice Goel are not present as well.

Petitioners’ profiles

Petitioner profiles here: https://t.co/R6r64AkNFn Court rose 10 mins early today. Twitter trouble. Arguments to resume at 1430 hrs.

— Prasanna S (@prasanna_s) January 17, 2018

Hearing to resume at 2.30 pm

Bench rises for lunch. To resume at 2 30. Cheers.

— Gautam Bhatia (@gautambhatia88) January 17, 2018

Shyam Divan explains the different aspects of the project

....is causing widespread exclusion all across the country where people are unable to access basic services. And how authentication failures report are unacceptably high.

— Prasanna S (@prasanna_s) January 17, 2018

Meanwhile companies are unable to stop themselves from sending informative messages

Shyam Divan takes Court through work of the petitioners to counter the State’s claims that there are only elitist concerns against Aadhaar

The petitioners include ex-servicemen, social workers, Magsaysay award winners among others.

SD takes the Court through the work and the qualifications of the petitioners, such as Sudhir Vombatkere (35 years in uniform), Bezwada Wilson (founder of Safai Karmachari Angolan)...

— Gautam Bhatia (@gautambhatia88) January 17, 2018

Shyam Divan for the petitioners: Aadhaar a system of exclusion

SD: The petitioners before you are people who work in the field. They work in rural India and study rural India. They have found that Aadhaar is operating as a system of exclusion.

— Gautam Bhatia (@gautambhatia88) January 17, 2018

Shyam Divan for the petitioners: You cannot live as a citizen of India without an Aadhaar

SD: Effectively today, you cannot live as a citizen of India without an Aadhaar.

— Gautam Bhatia (@gautambhatia88) January 17, 2018

Shyam Divan is taking the court through the history of the case

SD: In 2012, many citizens filed PILs against the Aadhaar scheme. In 2013, a two judge bench referred the matter for final hearing, and made it clear that nobody should suffer from lack of an Aadhaar card.

— Gautam Bhatia (@gautambhatia88) January 17, 2018

Link to Shyam Divan’s opening statement

(Link to opening statement: https://t.co/NnvzO1iQGt )

— Prasanna S (@prasanna_s) January 17, 2018

The petitioners’ alternative argument

SD: If the Aadhaar Act is upheld, then in the alternative, no citizen should be deprived of any right or benefit for the lack of an Aadhaar card.

— Gautam Bhatia (@gautambhatia88) January 17, 2018

Petitioners: The State is empowered with a ‘switch’ by which it can cause the civil death of an individual

SD:The State is empowered with a ‘switch’ by which it can cause the
civil death of an individual. Where every basic facility is linked to
Aadhaar and one cannot live in society without an Aadhaar
number, the switching off of Aadhaar completely destroys the
individual.

— Prasanna S (@prasanna_s) January 17, 2018

Shyam Divan lays out the scope of the constitutional challenge

Shyam Divan lays out the scope of the constitutional challenge.

— Gautam Bhatia (@gautambhatia88) January 17, 2018

Petitioners: The case at hand is unique. There are few judicial precedents to guide us

SD: The case at hand is unique. In part, this is because the programme
challenged here is itself without precedent. No democratic society
has adopted a programme that is similar in its command and sweep.
There are few judicial precedents to guide us.

— Prasanna S (@prasanna_s) January 17, 2018

Petitioners argue that if the Aadhaar programme is allowed to continue unimpeded, it will hollow out the Constitution

SD: Through a succession of marketing strategies and smoke and mirrors, the government had rolled out a program designed to tether every citizen to an electronic leash.

— Gautam Bhatia (@gautambhatia88) January 17, 2018

Attorney-General KK Venugopal asks for time allotment for arguments

Before Shyam Divan can begin, A-G submits that this is a matter where there are many counsel on both sides and that there should be a time allotment.

— Prasanna S (@prasanna_s) January 17, 2018

The Aadhaar bench has assembled in Courtroom 1

Aadhaar bench assembles.

— Gautam Bhatia (@gautambhatia88) January 17, 2018

“Tuesday was a sunny day at the Supreme Court after days of clouds over its cohesiveness and probity”

“A new day seems to be in order in the Supreme Court after clouds over its cohesiveness and probity. The CJI should now show the light and redeem the institution’s glory by getting all his brother and sister judges along, to end this crisis and convert it into a chance to bring about all necessary institutional reforms,” writes Utkarsh Anand on News18 .

Main arguments before the court

Livelaw reported that the petitioners argue that details for Aadhaar are collected by private contractors and NGOs hired by UIDAI without any safeguard. This makes them prone to misuse. They claimed that empirical research shows that the biometric identification denoted for UID, namely the the iris scan and fingerprint identification, is faulty and is could be abused.

Five-judge bench led by CJI Dipak Misra will start hearing the Aadhaar case at 11.30 am

A 5-judge bench,led by #CJI,will start hearing #Aadhaar case at 11.30 AM.
It will be interesting to see if the #AttorneyGeneral again argues there's no urgency to decide on validity of #Aadhaar now that data protection law is being mulled & a new facial technique is being brought

— News18 Courtroom (@News18Courtroom) January 17, 2018

#AadharMythBuster being used on Twitter to promote Aadhaar

Union ministers including Ravi Shankar Prasad and  Rajyavardhan Rathore  are using #AadharMythBuster to extol the virtues of Aadhaar.

Some policy experts are not impressed with those efforts.

"Aadhaar is a voluntary ID scheme. No services are linked to Aadhaar per se."

LMAO!#AadhaarMythBusterhttps://t.co/wTCsQDnOaB

— meghnad 🔗 (@Memeghnad) January 17, 2018

Justice J Chelameswar is not in the Supreme Court today

At a time when who comes to court at what time, who sits late and when there are 'chai or charcha' in the morning: Justice J Chelameswar is not in SC today. And so aren't Court no.7 and 11.

— Utkarsh Anand (@utkarsh_aanand) January 17, 2018

Why the Chief Justice’s power must be kept in check

The Chief Justice is largely sheltered from public view while exercising his administrative powers, according to Business Standard . The authors write, “This creates an administrative authority, free of many of the constraints imposed on other agencies. The administrative powers of the Chief Justice have grown with time. However, the Court has failed to devise a parallel mechanism to keep a check on these powers… A slew of corrective measures are now required.”

Court to take up 29 pleas against Aadhaar

The court will take up 29 pleas against Aadhaar. The final hearing on the pleas challenging Aadhaar comes five years since the first was filed.

Group of private companies bat for use of Aadhaar for eKYC and background verification process

According to an Economic Times report, a petition has been filed by the Digital Lenders Association of India (DLAI) which comprises startups such as CapitalFloat, LendingKart, ZestMoney, IndiaLends as well as early-stage investment firms and companies which provide authentication services and background verifications. These companies are particularly appealing to ensure advantages such as eKYC offered by Aadhaar help a lot in real-time verification of customers.

Legally speaking, the petition is being termed as an ‘intervention application’ which has yet to be accepted by the SC. There is no clarity on when it will be heard according to legal experts who have spoken to ET.

Number of people issued Aadhaar numbers has increased manifold since SC started hearing Aadhaar petitions

In the five years that the Supreme Court has been hearing the Aadhaar petitions, the number of people issued Aadhaar numbers have gone up from 20-25 crore in 2012 to 119 crore, reports NDTV .

‘Aadhaar: Enabling a form of supersurveillance’, argues Suhrith Parthasarathy

Suhrith Parthasarathy argues in The Hindu that the government will, no doubt, argue that Aadhaar can bring about many benefits. However any policy, howsoever poorly framed, will likely bring about certain gains. The question is ultimately one of proportionality and justice. Arguing that the government’s aim is to create a seamless police state, which will chill our freedom and give the State rampant power he asks whether the Supreme Court will dare to stop this.

Policy expert Alok Prasanna Kumar weighs in on the possible change of bench in the Loya case

‘Aadhaar is an evolving endeavour and UIDAI responsive to public concerns’, argues Nandan Nilekani

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In an article in the Hindustan Times , Nandan Nilekani argues that the concern about the ‘linking’ of Aadhaar to various services are over-hyped and baseless.

He goes on to insist that we should “applaud the UIDAI for being responsive to the concerns of the public. We need to recognise that providing a unique, secure identification, with instant authentication anywhere, to 1.3 billion Indians is an evolving endeavour.”

Major untoward incidents that have happened with Aadhaar

Despite the number of reports over the last couple of years, UIDAI has constantly maintained that the server and the data itself, especially biometric data is safe.

However there are numerous instances where incidents have come up where Aadhaar’s secureness has been questioned. These include app-based flaws, disclosures on government websites, third party leaks, sale of data etc. Click here for report on all of these incidents.

Bench hearing Loya case might be changed

The SC order in #JudgeLoya death case is nonetheless 'mysterious'.
Has Justice Arun Mishra/MM Shanatanagoudar decided to recuse? Or since no next date of hearing is given, the matter is likely to come up before a different bench in natural course after months? pic.twitter.com/6dxn5WQe7J

— Utkarsh Anand (@utkarsh_aanand) January 16, 2018

Developments in Bofors case could affect Loya case

The Supreme Court made certain observations in the Bofors case regarding who can file a case in criminal matters, reported The Times of India . This could have an effect on the Loya case as all the PILs in the case have been filed by advocate associations or individuals who had no connection with the judge.

RECAP: Judge Loya died due to ‘heart attack’, no cause for suspicion, says Nagpur Police

The Nagpur Police on Tuesday said that there was no cause for suspicion regarding the death of judge Loya and that he had indeed died of a heart attack.

“Nagpur Police undertook a thorough investigation in this case and his death was due to a heart attack”, Shivaji Bodkhe, Joint Commissioner of Police, Nagpur told reporters. “The postmortem, as well as the forensic reports too, confirm the same. There was nothing unusual in the report,” he said.

Dipak Misra’s olive branch to ‘rebel’ Supreme Court judges may not contain trust deficit in judiciary

Sreemoy Talukdar argued in Firstpost that the nature of the gambit is such that the dissenting judges must take their dissent to its logical conclusion. Any attempts at papering over the crisis or shutting the eyelids closely and hoping the dust storm will subside won’t work.

RECAP: Prashant Bhushan files complaint against CJI Dipak Misra, requests five senior judges to conduct inquiry

Supreme Court lawyer Prashant Bhushan on Tuesday said he had filed a complaint against Chief Justice of India Dipak Misra in the medical college scam case and requested five senior most apex court judges, including the four rebel judges, to hold an in-house inquiry into the matter.

Updates for 17 January begin here

Discussions expected to continue tomorrow

The discussions are expected to continue tomorrow, according to NDTV. However it could take some time to resolve everything as many issues were raised by the dissenting judgments.

CJI initiates peace talks with four dissenting judges

The discussion took between the CJI and the four dissenting judges, reported CNN-News18. The meeting was cordial and everyone agreed that the issues were important than the personalities. The issues are expected to be resolved by the end of the week.

CJI meets the four dissenting judges. Holds talks for 15 minutes over possible solutions to the issues raised

#SCJudgesMutiny - CJI meets all four dissenting judges; holds talk for 15 minutes. pic.twitter.com/wFylcpaqTk

— News18 (@CNNnews18) January 16, 2018

No specific date fixed for the matter

The Supreme Court, without fixing any specific date, lists the matter for hearing after a week.

Certain documents to remain confidential

Maharashtra government tells Supreme Court that barring certain confidential reports placed by it, the petitioners can access other documents.

SC said that all documents must be given to me: Tehseen Poonawala

Tehseen Poonawala told Times Now that SC has ordered that all documents should be given over to him. He said that his faith in the judiciary has been restored as the case was not dismissed.

Next date for hearing not fixed

We are not fixing any date, said one of the ld. Judges.

— Rishabh Sancheti (@rishabhsancheti) January 16, 2018

Maharashtra government handed over documents in a sealed cover to SC

Justice Loya death case: Maharashtra Govt handed over documents in a sealed cover to Supreme Court. Senior Advocate Harish Salve appeared for Maharashtra Govt

— ANI (@ANI) January 16, 2018

Judge BH Loya death case adjourned in SC

Judge BH Loya’s death case must not be confidential, the Supreme Court said in a 5-minute hearing. Everything must be before the public.

Absolutely no crisis now in SC, says Bar Council of India

The Bar Council of India on Tuesday said there was “absolutely no crisis now” in the Supreme Court and normalcy will be restored soon in the higher judiciary that saw four top judges coming out in the open against the Chief Justice of India.

Constitution bench on Wednesday will start hearings on Aadhaar, homosexuality, adultery

A Constitution Bench comprising CJI Dipak Misra, Justice AK Sikri, Justice AM Khanwilkar, Justice DY Chandrachud and Justice Ashok Bhushan has been constituted to hear important cases including those on Aadhaar, decriminalisation of homosexuality, validity of adultery law under IPC, entry of women into Sabarimala temple etc. It will start the hearings from 17 January.

The arguments in the petition

BR Lone’s petition sought a probe saying there were several contradictions emerging in the matter, according to The Indian Express . Tehseen Poonawala, in his plea contended that circumstances of the death of the judge were “questionable, mysterious and contradicting”.

Supreme Court will hear two pleas seeking a probe in Judge Loya’s death

CBI judge BH Loya, was hearing the Sohrabuddin Sheikh encounter case when he passed away. After doubts were raised around the circumstances of his death, two pleas were filed by BR Lone, a Maharashtra-based journalist and activist Tehseen Poonawala, seeking a probe in the death.

A-G Venugopal does a U-turn, says Supreme Court not resolved yet

A day after Attorney General KK Venugopal called the ongoing crisis in Supreme Court a “storm in a tea cup”, on Tuesday said the crisis seems to be unresolved and hoped it will be “fully settled” in a couple of days.

We are in the process of resolving the issue. It would be resolved shortly: Attorney General KK Venugopal. #SupremeCourt pic.twitter.com/YceuNpqgsJ

— ANI (@ANI) January 16, 2018

Updates for 16 January, 2018 begins

Here are the five key questions raised in open letter to CJI

• Is top judiciary being run on whims? 
• Are most senior judges being bypassed by the CJI? 
• Are all big cases against Govt being assigned to “selective” benches 
• Is Govt interfering with highest judiciary? 
• Doesn’t CJI need to answer?

No disciplinary action against 4 judges

“All four senior most judges have resolved the differences and are attending the court. There is no need of any action on these four judges; all of them are honest and men of integrity,” said BCI Chairman, Manan Kumar Misra.

The story is over, says BCI; asks politicos to not take advantage of issue

The Bar Council of India (BCI) on Monday said its members have met 15 judges of the Supreme Court following the crisis in the apex judiciary and they have assured that the issues have been resolved. “Kahani khatam ho gaya (the story is now over)”, BCI Chairman Manan Kumar Mishra told a press conference in New Delhi. He also said that political parties should not try and take mileage out of the January 12 press conference by the four senior most apex court judges to flag some problems, including the assigning of cases.

It was an internal issue and has now been resolved: Manan Mishra, Chairman, Bar Council of India #SupremeCourtJudges pic.twitter.com/EjiSz2d8HJ

— ANI (@ANI) January 15, 2018

Didn’t want any political party tpo take advantage: BCI

“We did not want any political party to take advantage of the situation. Everyone are discharging their duties and everything has been resolved as the Attorney General has also said,” BCI chief Manan Mishra told media on Monday.

Why drag Justice Loya case into this, asks BCI chief

“Why drag the Judge Loya case into this? As you can see, Judge Loya’s family has said that they do not have any doubts on the matter,” says BCI chief Manan Kumar Misra.

The family of Justice BH Loya on Sunday said the death of the special CBI judge , who was hearing the Sohrabuddin Sheikh “fake encounter” case, was being politicised and urged all parties to refrain from taking advantage of the situation.

Justice Loya’s son, Anuj, said he did not have any doubts about the way his father died three years ago. “I had an emotional turmoil, hence I had suspicions about his death. But now we don’t have any doubts about the way he died,” he told reporters at a press conference.

No more rebellion, says BCI chief

Two days after four Supreme Court judges held a press conference citing lack of accountability and integrity in the apex court, the Bar Council of India told the media on Monday that “it was an internal issue and it has been resolved internally.” 

When asked how can such a major development be solved “internally”, BCI chief Manan Kumar Mishra said that it was a matter “within a family” which has been resolved after the judges meet in the CJI’s chambers at 10.30 on Monday morning. 

As you can see that the matter has been laid to rest and all courts rooms in the Supreme Court are functioning normally: Manan Mishra, Chairman, Bar Council of India #SupremeCourtJudges pic.twitter.com/8C2BH21bnc

— ANI (@ANI) January 15, 2018

It was an internal issue and has now been resolved: Manan Mishra, Chairman, Bar Council of India #SupremeCourtJudges pic.twitter.com/EjiSz2d8HJ

— ANI (@ANI) January 15, 2018

Four judges resolve issue after a morning meeting

4 senior SC judges have settled the differences with CJI Dipak Misra in a full court meeting this morning claims highly placed source @LiveLawIndia

— Prabhati Nayak Mishra (@Prabhati_Mishra) January 15, 2018

RECAP: Absolute powers of Chief Justice of India need to be checked, says SC lawyer

Advocate Gautam Bhatia, in a series of tweets, said on Friday that in the last 20 years, the office of the Chief Justice of India has received a lot of power without having any system of accountability to keep it in check.

Bhatia argued that two features in the Indian legal system — “the splitting up of the Supreme Court into multiple different benches, and the massive backlog of cases” — make these powers problematic. “In this context, the Chief Justice’s powers to assign cases to benches and to decide when a case is to be heard become very significant,” he said in one tweet.

“The Chief Justice’s administrative power effectively transform itself into a power to significantly influence the outcomes of cases (sic),” Bhatia further said.

RECAP:  Acted in interest of judiciary and justice, says senior SC judge Kurian Joseph, day after rebellion

Justice Kurian Joseph, one of the four senior Supreme Court judges who virtually revolted against the country’s chief justice over “selective” case allocation and certain judicial orders, today expressed confidence that the issues raised by them would be resolved.

Joseph said that they acted solely in the interest of judiciary and justice, a day after he and the three other judges took the unprecedented step of addressing a press conference.

He rejected suggestions that they had violated discipline and expressed the hope that their actions will bring in more transparency in the administration of the Supreme Court.

“Stood up for justice and judiciary…. That is what we said there (in New Delhi) yesterday. Nothing beyond that,” Justice Joseph said in Malayalam when local television news channels approached him at his ancestral home in Kalady near Kochi seeking his reaction on Friday’s development.

RECAP: Yashwant Sinha lauds rebel SC judges, says Cabinet ministers should also speak up without fear

Sinha said “if four senior most Supreme Court judges say democracy is under threat, we have to take their words very seriously”"

“Every citizen who feels for democracy should speak up. I will ask party (BJP) leaders and senior cabinet ministers to speak up. I will appeal to them to get rid of their fears and speak up,” he said.

Sinha, however, insisted that it was for the apex court to sort out the crisis after the four senior judges virtually revolted against the country’s chief justice on Friday, raising questions on “selective” case allocation and certain judicial orders.

RECAP: SCBA president Vikas Singh meets CJI Dipak Misra

Supreme Court Bar Association president Vikas Singh on Sunday met the Chief Justice of India Dipak Misra and handed over a resolution on the crisis in the apex judiciary to him. The senior lawyer told PTI that he handed over a copy of the SCBA resolution to the CJI, who assured him that he would look into it.

“I met the CJI and handed over a copy of the resolution. He said that he would look into it and ensure there was congeniality in the Supreme Court at the earliest,” Singh told PTI after his 15-minute meeting with the CJI.

PTI

Four former retired justices write open letter

An open letter by former apex court judge PB Sawant, ex-chief justice of Delhi High Court AP Shah, former Madras High Court judge K Chandru and ex-Bombay High Court judge H Suresh was given to the media. It has also gone viral on social media.

Justice Shah confirmed having written an open letter along with the other retired judges and told PTI, “We have written the open letter which the other judges named in the letter have also consented to.”

He 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”.

A-G says ’everything has been settled now’

Attorney General KK Venugopal was quoted by NDTV as saying that everything has been settled after an informal meeting in the morning today. he added that the courts are functioning. Nevertheless, Chief Justice Misra is yet to reach out to Justices Jasti Chelameswar, Ranjan Gogoi, Madan Lokur and Kurien Joseph, who took him on in an extraordinary press conference on Friday last.

RP Luthra urges CJI to intervene, claims conspiracy to destroy institution 

According to NDTV, Supreme Court advocate RP Luthra has raised the judges issue before the Chief Justice of India’s bench. The advocate is believed to have said that there is conspiracy to destroy the institution and Misra must take action. The report added that Misra listened to him and smiled without answering him.

Four rebel judges attend court, take up work New Delhi

Four senior-most Supreme Court judges, who had held an unprecedented press conference and raised issue of assignment of cases, today attended court and took up routine work, PTI reported. The four judges — Justices J Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph — have taken up their respective business on the first working day of the top court after the 12 January press conference.

Four retired judges write open letter to CJI

Four retired judges including an ex-Supreme Court judge have written an open letter to the Chief Justice of India urging him to resolve the ongoing crisis. According to an Economic Times report, the four judges have backed the four rebelling judges on the issue of allocation of cases.

Scenes at the Supreme Court lounge today

According to NDTV, every day, before work begins, all judges convene at the judges lounge and have coffee. However, the report claimed that on Monday, all court staff were asked to leave the lounge.

Work will go on as usual, say sources

Regardless of the roster, it will be “business as usual” today at the Supreme Court, the four judges have reportedly told members of the Bar Council. “The judges will hear whatever is assigned to them,” said sources.

All four rebel judges resume work 

All SC Benches started 10 minuets later than usual time. All 4 judges J Chelameswar, J Gogoi, J Lokur and J Joseph started their courts as usual by 10.40 @LiveLawIndia

— Prabhati Nayak Mishra (@Prabhati_Mishra) January 15, 2018

Most courts commence work

#SupremeCourt: Hearing commences in most courts. @barandbench

— Murali Krishnan (@legaljournalist) January 15, 2018

A-G says everything is okay in Supreme Court 

According to Times Now, Attorney General KK Venugopal, who is heading to the Supreme Court, has said that all the courts will be functioning as usual and that everything is okay in the Supreme Court.

Bobde emerging as a peacekeeper, says report

According to a News18  report, Justice Sharad Arvind Bobde is brokering peace between Chief Justice of India Dipak Misra on one side and four other senior-most judges – Justices J Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph – on the other.

RECAP: Congress claims ‘Democracy is in danger’

The Congress said “democracy is in danger” after four senior-most Supreme Court judges came out in the open to say that the situation in the apex court was “not in order”.

“We are very concerned to hear 4 judges of the Supreme Court expressed concerns about the functioning of the Supreme Court. #DemocracyInDanger,” the Congress’ official Twitter handle said.

All you need to know about controversial RP Luthra case

The RP Luthra case is at the centre of the whole fiasco. To convey the “less than desirable” things taking place inside the apex court, the four justices referred to a letter that they had written to the Chief Justice of India Dipak Misra. The letter mentions an order passed in the case RP Luthra vs Union Of India Ministry Of Law And Another respondents passed on 27 October. What does the order in the RP Luthra case say that made the four justices speak publicly against the CJI?

Based on the letter to the CJI, the four justices made public on Friday, it seems clear that the main point of contention at present is the delay in implementing the Memorandum of Procedure towards the appointment of judges in India. “…there should be no further delay in finalisation of MOP in larger public interest,” the SC order in the Luthra case had said and was reiterated by the four judges as well in their letter to the CJI.

Is  Caste an issue in Supreme Court?

Of frequent reference is also the case of caste. It is argued that the judiciary, populated by as much as 95 percent of its constituency by individuals of the Brahmin caste, is Brahmanical. This criticism resurfaced in the defiance and subsequent punishment of Justice CS Karnan whose persecution, it is said, was about his caste. 

Read full report here.

Three more cases to be heard by Constitution bench 

According to Hindustan Times, there are three more cases that will be heard by the Constitution bench this week. One of the cases refers to an IPC code that makes adultery a criminal offense for a man but not a woman. Another case that will come up for hearing is Section 377, which criminalizes homosexuality. The final case pertains to the ban on women from entering the Sabarimala temple in Kerala.

Aadhaar validity petition to be heard on Wednesday

According to Hindustan Times, the petition challenging the validity of the Aadhaar scheme will be heard by a five-member Constitutional bench on Wednesday.

Bar Council of India chairman says issue will be resolved 

Bar council's role very limited, judges have assured it there will be no problem at all: #BarCouncilofIndia chairman. [PTI]

— Live Law (@LiveLawIndia) January 14, 2018

‘Super sensitive’ cases handled by junior judges in past

According to The Times of India , there have been fifteen ‘super sensitive’ cases which have been handled by junior judges and not the four senior-most judges of the Supreme Court. These cases include Bofors, Rajiv Gandhi assassination, LK Advani’s trial in Babri masjid demolition, Sohrabuddin Sheikh fake encounter, Best Bakery and the case that changed how BCCI, reported the publication.

The Supreme Court crisis was waiting to happen

For those who have access to portals of the Supreme Court, the spectacle of four of its senior most judges raising the banner of revolt against their Chief Justice did not come as a surprise, but rather a conspiracy to alter the course of history.

“It was brewing for some time” is the general refrain if you talk to anyone conversant with what is going on. Letters were being secretly written to judges and circulating, pointing out skeletons in cupboards hidden from public view. Insinuation and innuendo over the formation of benches on certain issues of critical economic and political importance were the order of the day.

And there were all indications that there was something stinking in the corridors of the Supreme Court, to borrow a phrase from Justice Markandey Katju (he was referring to the Allahabad High Court). All this was exposed in a jiffy as the judges pointed fingers at CJI’s alleged indiscretion in allocating cases to benches and his other administrative functioning.

Read the full analysis here.

Bar Council of India chairman meets rebel judges, to hold press conference today

The BCI chairman said the panel met Justices J Chelameswar, M B Lokur and Kurian Joseph, and they also assured that everything would be sorted out. He did not mention whether the panel had any talks with Justice Ranjan Gogoi, who was not in the city.

Mishra said they would hold a press conference on Monday to apprise about the BCI’s day-long parleys with the judges of the apex court in the wake of the crisis.

RECAP: BCI chief meets CJI

A seven-member Bar Council India (BCI) panel led by its chairman Manan Kumar Mishra had a 50-minute meeting with the CJI after hectic parleys with several apex court judges, with whom they shared the views of the apex body of the Bar regulating the lawyers.

RECAP: Judge BH Loya’s son speaks to media 

“Our family is pained by the chain of events in past few days. Please don’t harass us,” Judge BH Loya’s son, Anuj Loya said to the media during a press conference on Sunday.

RECAP: CJI Misra meets BCI members, promises resolution soon

Chief Justice of India Dipak Misra on Sunday separately met high-level delegations of top two lawyers’ bodies — BCI and SCBA — and assured them that the crisis erupting after the revolt by the four seniormost judges against him would be sorted out soon and congeniality would prevail.

Updates for 15 January begin

Justice Kurian reacts to ‘mediation’ offers

This is not an issue that requires mediation from outside. This is an internal issue of the institution and the institution will sort it out. A correction inside the institution is what is required: Justice Kurian Joseph in Kochi #SupremeCourt pic.twitter.com/tZ1pqYcYzM

— ANI (@ANI) January 13, 2018

Congress’ Salman Soz reacts to Bar Council of India head’s statement

What kind of an obnoxious statement is this? “given an opportunity to Rahul Gandhi”? By singling out RG, this gentleman is making things political. Besides, serious issues at Supreme Court are not internal matters. This is a national concern. https://t.co/2WMNNuWsfl

— Salman Anees Soz (@SalmanSoz) January 13, 2018

CJI to meet rebel judges on Sunday

With Chief Justice Dipak Misra slated to meet the four rebel judges on Sunday, the developments on this issue will be keenly watched.

Judges should have said something substantial: SC Bar Association President

Earlier, Supreme Court Bar Association President Vikas Singh had said that if the judges had held a press conference, they should have said something ‘substantial,’ ANI reported.

If they had to come for a PC then they should have said something substantial. Just creating doubts in the minds of people will not serve the interest of the judiciary. This was not properly planned. They didn't say anything about justice Loya: Vikas Singh, SC bar Assoc President pic.twitter.com/k1kVKMnXiJ

— ANI (@ANI) January 13, 2018

Supreme Court Bar Association expresses ‘grave’ concern’ over differences between senior judges and CJI

New Delhi: The Supreme Court Bar Association (SCBA) on Saturday passed a resolution saying the differences of four senior-most judges with Chief Justice Dipak Misra should be considered by the full bench of the apex court.

Expressing “grave concern” over the differences between the senior judges and the CJI, SCBA President and senior advocate Vikas Singh said that all PILs should be looked into either by the CJI or senior judges who form part of the apex court collegium. Taking note of the concerns raised by four senior judges led by Justice J Chelameswar over assigning of cases, the bar body suggested that even the PILs listed for hearing on 15 January be transferred from other benches to either the bench headed by the CJI or benches led by the members of the collegium.

Singh said that at the emergency executive meeting, grave concern was expressed over the differences between the four judges and the CJI. On Friday, Justices Chelameswar, Ranjan Gogoi, M B Lokur and Jurian Joseph had mounted a virtual revolt against the Chief Justice, listing a litany of problems including the assigning of cases.

The judges had said that there were certain issues afflicting the country’s highest court and warned that they could destroy Indian democracy. The unprecedented news conference had left the judiciary and observers stunned, leaving uncertain how this open dissension in the hallowed institution would be resolved.

PTI

The four SC judges should be taken very seriously: Petitioner in judge Loya case

I am lead petitioner in Justice Loya case.Want to make it very clear,I had gone to the institution of Supreme Court for justice.Have absolute confidence&belief in it.The 4 SC judges should be taken seriously, every institution in a democracy needs to introspect&evolve:T Poonawala pic.twitter.com/de7rWINNSU

— ANI (@ANI) January 13, 2018

No party should take undue advantage of SC judges’ press conference: BCI

No political party or leader should take undue advantage of the situation arising out of the presser by four senior SC judges: PTI quotes the Bar Council of India resolution as stating.

“All four of us are in this together”: Justice Chelameswar

Speaking to CNN-News18, Justice J Chelameswar said, “All four of us are in this together. We have spoken in one voice and we will speak in one voice.

SC Bar Association silent on whether judges should have gone public

The Supreme Court Bar Association did not comment on whether the senior judges should have gone public with their grievances, PTI reported. The four judges are Justices J Chelameswar, Ranjan Gogoi, Kurian Joseph and Madan B. Lokur.

SC Bar Association to meet CJI

The Supreme Court Bar Association will meet the Chief Justice of India before they meet the four judges who addressed the press conference on Friday, News18 reported.

Matter should not be played out in public: SC Bar Association

The Supreme Court Bar Association said that instead of playing out in public, the matter should be resolved in closed court. SCBA president Vikas Singh said that the association will meet the CJI before meeting the four judges.

SC Bar Association adopts resolution on PIL matters, says they will send them to CJI Misra

We will send the unanimous resolution to the Chief Justice of India. We want that the matter be resolved as soon as possible: Vikas Singh, President of the Supreme Court bar Association #SupremeCourtJudges pic.twitter.com/MU9bRKF0bb

— ANI (@ANI) January 13, 2018

Differences raised by SC judges ‘grave’: SC Bar Association

#BREAKING -- The differences reported by the 4 SC judges are grave and should be resolved immediately: Supreme Court Bar Association on #SCJudgesMutiny pic.twitter.com/zijpCaRSWa

— News18 (@CNNnews18) January 13, 2018

SC Bar Association calls for immediate resolution of crisis

We called an emergency meeting of Supreme Court Bar Association. We resolved the following: Differences stated by the 4 judges & reflected in media are of grave concern & must be resolved immediately by SC Bar Association: Vikas Singh, President of Supreme Court bar Association pic.twitter.com/Z5wR6xkuAR

— ANI (@ANI) January 13, 2018

Council ready to mediate in the judiciary crisis: Bar Council of India chairman

While calling for internally resolving the issues, BCI chairman Manan Mishra said that the council is ready to mediate the judiciary crisis.

The matter cannot go out in the media again: BCI chairman

BCI chairman Mishra said that the matter has to be sorted out anyhow and cannot go out in the media again. On behalf on the Bar Council of India, he also appealed to the judges not to create such an opportunity again.

He further said that the first move is to meet the rest of the judges, which means all judges excluding the CJI and the four judges who wrote the letter, reported News18.

Appreciate government’s stand of not interfering: Bar Council of India chairman

Bar Council of India chairman Manan Mishra said that the prime minister and the law minister had said on Friday that it is an internal matter of the judiciary and they won’t interfere. He further said that the BCI appreciates the government’s stand.

SC judges should not have gone public: Bar Council of India

“There are enough mechanisms to address this inhouse. We discussed the contents of the letter. We have decided to form a seven-member delegation of judges. We will be meeting all the judges at the Supreme Court. We have already got appointment from 50 percent of the SC judges,” said BCI chairman Manan Mishra

SC judges shouldn't have gone public: Bar Council of India on #SCJudgesMutiny pic.twitter.com/Z2kJ2rR4Zw

— News18 (@CNNnews18) January 13, 2018

BCI chairman appeals political leaders not to politicise the issue

BCI chairman Manan Mishra appealed to political leaders not to politicise the issue. He also said that the faith in judiciary must not be threatened.

BCI welcomes non-interference of the government

The Bar Council of India welcomed the non-interference of the government and said that it appreciates this stand of the government on the issue.

Want the matter to be resolved at the earliest: BCI

We have unanimously decided to form a 7-member delegation of the Council who will meet Hon. judges of the Supreme Court. We want that the matter be solved at the earliest: Manan Kumar Mishra, Chairman, Bar Council of India #SupremeCourt pic.twitter.com/tGU2DMDKi2

— ANI (@ANI) January 13, 2018

‘Bar Council of India discussed the letter’

The Bar Council of India discussed the contents of the letter sent to the CJI on Friday, said Manan Mishra, council chairman.

All four of us spoke in one voice: Justice Chelameswar

Bar Council of India meet ends

News18 reported that Bar Council of India’s meeting has ended and it is expected to address media shortly.

Only procedural problems, says Justice Kurian Joseph

Justice Kurian Joseph said there was no constitutional crisis in the apex court and there are only problems in procedure they had objected to. “There will be no constitutional crisis and there are only problems in procedures and that will be corrected,” Justice Kurian told reporters. IANS

There is no crisis: Justice Ranjan Gogoi

Justice Ranjan Gogoi said that “there is no crisis” when asked about the way forward to resolve the crisis. Asked whether their (judges’) act had amounted to a violation of discipline, Gogoi refused to comment – PTI

In Pictures: Bar Council of India meet underway

Meeting of Bar Council of India underway in Delhi on the matter pertaining to press conference held by four #SupremeCourtJudges yesterday. pic.twitter.com/OiexYcw7F5

— ANI (@ANI) January 13, 2018

Bar Council of India to meet judges tomorrow

Bar council of India said that a delegation of seven BCI members will be meeting with judges on Sunday (the next in line, apart from the four dissenting judges), reported CNN-News18.

A delegation of 7 BCI members will be meeting with judges on Sunday. The BCI has also sought an appointment with the Chief Justice of India. #SCJudgesMutiny pic.twitter.com/ufISMblmfI

— News18 (@CNNnews18) January 13, 2018

Bar Council of India seeks appointment with CJI Dipak Misra: News18

Supreme Court Bar Association meeting begins : News18

Meanwhile, SC not to take up CBI judge Loya’s death case on Monday

#BREAKING --SC to not take up Justice Loya death case on Monday. #SCJudgesMutiny pic.twitter.com/epxoJJvjoB

— News18 (@CNNnews18) January 13, 2018

Attempts being made to make judiciary deaf and dumb: Shiv Sena

Praising the four Supreme Court judges who mounted a virtual revolt against the CJI, Shiv Sena chief Uddhav Thackeray said attempts were being made to make the judiciary “deaf and dumb”.

He said the government should not meddle in the matter. “The decision of those judges should be lauded. There is a high possibility that there will be an inquiry called against them now. However, this inquiry should be unbiased,” Thackeray told reporters.

MK Stalin says president should intervene if judges can’t resolve issue

President Ram Nath Kovind should intervene in the issue involving judges of the Supreme Court in case they themselves could not resolve it, DMK working president MK Stalin said. “In case, if a stage comes wherein judges could not resolve the issue, President Kovind should intervene and resolve it,” he told reporters.

Attorney General KK Venugopal hopes crisis will be ‘settled’ soon

Attorney General KK Venugopal expressed the hope that the crisis in the top judiciary following a revolt by four Supreme Court judges would be “settled”.

“Let’s hope everything works out very well. I am sure everything will be settled,” he told reporters in New Delhi.

Acted in interest of judiciary and justice, says SC judge Kurian Joesph

Justice Kurian Joseph, one of the four senior Supreme Court judges who virtually revolted against the country’s chief justice, expressed confidence that the issues raised by them would be resolved.

Joseph said that they acted solely in the interest of judiciary and justice. He also rejected suggestions that they had violated discipline and expressed the hope that their actions will bring in more transparency in the administration of the Supreme Court.

‘Holding presser for minor issue of roster is saddening’: Bar Council of India chairman, Manan Mishra

According to  ANI , chairman of Bar Council of India Manan Kumar Mishra criticised the four Supreme Court judges for holding a press conference on Friday. “Holding a press conference on a minor issue of roster is saddening,” he said.

Mishra further added that Bar Council is set to have a meeting at 5 pm on Saturday and meet the four senior judges on Sunday. “We have a meeting at 5 pm today (Saturday). Tomorrow (Sunday) our delegation will meet those senior judges, Chief Justice of India and other judges and request them to not bring issues like these in front of public,” he said.

‘A judge isn’t to give interview to media,’ says advocate Prashant P Umrao

BJP general secretary P Muralidhar Rao says SC problem an institutional one; slams Congress 

#SupremeCourt as an institution is much bigger and critical for the democratic framework of India. Yes SC now has the problem which is internal and institutional. In the interest of country congress should not get into #tricks business.

— P Muralidhar Rao (@PMuralidharRao) January 13, 2018

Congress leader Shakeel Ahmed says independence of most institutions falling apart due to Machiavellian politics

Fall of final frontier. Bureaucracy, Media, Election Commission and now Supreme Court. Independence of most of the institutions of nation building are falling apart due to the Machiavellian politics of govt of the day.

— Dr Shakeel Ahmad (@Ahmad_Shakeel) January 13, 2018

‘Integrity, independence of Supreme Court is vital pillar of Constitution,’ says CPM leader Sitaram Yechury

The integrity and independence of the judiciary, particularly the Supreme Court, is a vital pillar of the Constitution and non-negotiable. Full statement from yesterday: https://t.co/lOIzmVh5Do pic.twitter.com/FRrKggxwnD

— Sitaram Yechury (@SitaramYechury) January 13, 2018

‘No question of CJI’s impeachment,’ says SC Bar Association president Vikas Singh

The Supreme Court Bar Association on Saturday dismissed possibility of Chief Justice of India Dipak Misra’s impeachment and said there was “no question” of it. 

“There is no question of impeachment in this case. This has to be addressed within the system rather than going to press like this. You go for a press conference to reveal, but the intention of this press conference was to conceal,” he told News18 .

“This has led to imagination of the country running wild. The institution derives its respect for the credibility it has garnered over these years. If the credibility goes, who will respect the institution? The press conference has only led to speculation,” he added.

SC advocate Salman Khurshid asks if government interference was a reason for dissent in the judiciary

Coincidence or interference of govt causing stress to Constitutional institutions. Sad exposition of trouble in Supreme Court. Nero fiddles?

— Salman Khurshid (@salman7khurshid) January 13, 2018

Ex-finance minister Yashwant Sinha attacks government, says democracy under threat

Speaking to reporters, former finance minister Yashwant Sinha attacked the Central government over the short Winter Session of Parliament and said, “If the country’s Parliament is not in order, the Supreme Court is not in order, then democracy is under threat in the country. If the four senior judges have gone public then how is it a Supreme Court matter alone? If you read the letter, one thing is clear that Supreme Court judges or benches were appointed selectively to hear certain cases.”

He further added that people would be failing in their national duty if they did not take note of this. “If political parties, or anyone concerned about the future of democracy in the country, don’t take note of this, we fail in out national duty. It is a serious matter. All those who care about the future of the country and of democracy should raise their voice,” Sinha said.

‘They didn’t say anything about Justice Loya’

If they had to come for a PC then they should have said something substantial. Just creating doubts in the minds of people will not serve the interest of the judiciary. This was not properly planned. They didn't say anything about justice Loya: Vikas Singh, SC bar Assoc President pic.twitter.com/k1kVKMnXiJ

— ANI (@ANI) January 13, 2018

Omar Abdullah says the fallout is not an internal matter of the Supreme Court alone

“Democracy in India is in danger”. This was the warning that came from the Hon Judges yesterday. So no, it’s not an internal matter for the Hon SC.

— Omar Abdullah (@OmarAbdullah) January 13, 2018

Meeting between the Chief Justice of India and the four ‘dissenting’ judges is unlikely to be held on Saturday as three of those judges are not presently in New Delhi: reports

Supreme Court Bar Association’s president Vikas Singh’s interview with CNN-News18

#EXCLUSIVE — #SCJudgesMutiny : No need to go public & leaving ambiguity behind was the mistake. They gave scope to speculations. SCBA will now be proactive & make sure that this doubt instilled in people is taken care of: SC Bar Association,President Vikas Singh to @akash_kolluru pic.twitter.com/ADHjaupRSr

— News18 (@CNNnews18) January 13, 2018

‘There was no need to call a press conference’

“There was no need to go and call a press conference, and leaving ambiguity behind was the mistake. They gave scope to speculations. SCBA will now be proactive and make sure that this doubt instilled in common people is dealt with,” Bar Association president Vikas Singh said to CNN-News18

SC Bar Association president Vikas Singh says the chaos could have been avoided

#EXCLUSIVE -- #SCJudgesMutiny was avoidable. People are very sceptical about the impartiality of the Supreme Court. They should have dealt with it better: SC Bar Association President Vikas Singh to CNN-News18's @akash_kolluru pic.twitter.com/TozCIY3Jgt

— News18 (@CNNnews18) January 13, 2018

Attorney-General KK Venugopal leaves from residence in New Delhi

Delhi: Attorney General K K Venugopal leaves from his residence, says, 'let us hope everything goes down very well.' pic.twitter.com/YjzIGD2Bpw

— ANI (@ANI) January 13, 2018

Nripendra Misra, Principal Secretary to Prime Minister, meets CJI Dipak Misra

CJI Dipak Misra consults few other Supreme Court judges, reports CNN-News18

RECAP: It was normal day in the Supreme Court, no hint of press conference 

Nothing seemed amiss when the Supreme Court started work at 10.30 am on Friday, as always. Judges strode out of their chambers, lawyers fussed through the papers, litigants hung around and reporters took their assigned seats in court rooms.

But a brewing judicial firestorm, invisible to all except four judges, erupted an hour later, taking the nation by surprise and plunging the judiciary into an unprecedented crisis whose reverberations will continue to ring for years to come.

Around 11.30 am, Justice J Chelameswar and Justice Kurian Joseph rose for the day in their respective court rooms, numbered 2 and 5. Justice Ranjan Gogoi, in the meantime, rushed through and disposed of most of the day’s listed business, while Justice Madan B Lokur heard matters in his chamber. 

All four of them left the Supreme Court premises within minutes and gathered at the 4, Tughlaq Road Bungalow in Lutyen’s Delhi, the official residence of Justice Chelameswar to hold an unscheduled press conference – no Supreme Court judge had ever addressed the media publicly.

The news of their sudden exit spread like wildfire in the corridors of the apex court, sending a shockwave among the journalists, lawyers and litigants and leading the scribes to scramble to the venue of the presser, about four kilometres away.

–PTI

Principal Secretary to Narendra Modi, Nripendra Misra, spotted outside CJI’s house

Principal Secretary to PM, Nripendra Misra, seen outside Chief Justice of India Dipak Misra’s residence in Delhi. pic.twitter.com/5C2PVvO36T

— ANI (@ANI) January 13, 2018

SC Bar Association to hold meeting at 5 pm

CNN-News18 reported that the Supreme Court Bar Association will hold a meeting on Saturday over the judges’ press conference on Friday at 5 pm. The SC Bar Association chief Vikas Singh will brief media at 6 pm.

Madhu Kishwar says if SC judges cannot trust each other, how will they deliver non-partisan judgments?

Most Incredible India! When Supreme Court judges can't resolve their internal differences with dignity,mistrust each other so fiercely, how can we expect them to resolve disputes between citizens & state, between individuals & communities & deliver justice in non partisan manner?

— Madhu Purnima Kishwar (@madhukishwar) January 12, 2018

Profile: Justice Kurian Joseph was part of SC-bench that set aside triple talaq

He was part of the five-judge constitution bench which by a majority of 3:2 had set aside the 1,400 year old practice of ’triple talaq’ among Muslims. Justice Joseph, along with Justice RF Nariman and Justice UU Lalit, had delivered the majority judgment in the triple talaq case in which the then CJI JS Khehar was in a minority.

In a letter last year, Justice Jospeh had asked the Centre to consider revising leave travel concession (LTC) rules for judges of the apex court and granted them eight LTC in a year, instead of the present three. Similarly, he had written a letter in 2013 to the Chief Justice of the Delhi High Court raising the issue of lack of amenities in children parks in the national capital.

Justice Joseph is set to retire on 29 November this year.

A-G KK Venugopal says conflict will be completely settled

Speaking to CNN-News18, Attorney General of India KK Venugopal said the press conference held by four senior Supreme Court judges could impact public confidence. “Public confidence in the Supreme Court of India may be affected. We will settle this matter completely,” he said.

Profile: Justice Madan B Thakur passed historic verdict criminalising sex with minor wife

He has been dealing with several important social issues like fake encounter killings in insurgency-hit Manipur, providing shelter to urban homeless, child marriage, prison reforms, uploading of sexual abuse videos on internet and a case related to destitute widows.

Justice Lokur-led bench in October last year had passed a historic verdict criminalising sex with a wife who is not a major holding that sexual intercourse with a girl below 18 years of age, even by the husband, would now amount to rape.

An order passed by Justice Lokur’s bench temporarily lifting the stay and permitting sale of firecrackers in the Delhi-national capital region (NCR) before Diwali last year, had created a controversy. Later, another bench of the top court had held that firecrackers would not be sold in Delhi-NCR during Diwali.

The bench headed by Justice Lokur, who is set to retire on December 30 this year, is also dealing with issues like air pollution and preservation of historic Taj Mahal.

Justice Ranjan Gogoi is in line to become next CJI after Dipak Misra retires on 2 Oct

He is in line to become the next CJI after Justice Misra retires as CJI on 2 October this year. He would have a tenure as CJI till 17 November, 2019.

Justice Gogoi-led bench had issued a contempt notice to former Supreme Court judge Markandey Katju for allegedly using “intemperate” language and “scandalising” the judiciary in one of his Facebook posts. Justice (retired) Katju had appeared before the apex court and tendered unconditional apology which was accepted by the bench.

Justice Gogoi’s bench, which is dealing with the issue of Assam National Register of Citizens (NRC), had directed for publication of the draft NRC in the state by 31 December last year. It had rapped Assam chief minister Sarbananda Sonowal for his “intervention” in the process of publication of NRC.

Profile of the four SC judges who held the press conference: Justice Jasti Chelameswar

He is the second senior most judge of the apex court after Chief Justice of India (CJI) Dipak Misra. 

Justice Chelameswar had stoked controversy several times and was in the news for not attending the collegium meetings on the appointment of judges for higher judiciary.

Justice Chelameswar was the lone judge who had dissented when a five-judge bench had struck down the constitution amendment and held as unconstitutional the National Judicial Appointments Commission (NJAC) Act. He was part of the nine-judge constitution bench which had declared right to privacy as a fundamental right. 

Justice Chelameswar, who is set to retire as an apex court judge on 22 June this year, has also dealt with several important issues including Aadhaar and the JNU case which had witnessed violence inside the Patiala House Court complex in New Delhi.

No telephonic conversation has taken place between CJI, SC judges, reports CNN-News18

Jignesh Mevani takes a dig at Narendra Modi; thanks the SC judges for ’not selling their souls’

मोदीजी की मन की बात
भाइयों और बहनों - मेरे 4 वर्षों के कार्यकाल में,मैंने जो सारी उपलब्धियां हासिल की है वो 70 वर्षों में कभी हासिल नहीं हुई थी, इसमें एक नयी उपलब्धि कल जोड़ी गई है जिसके लिए मैं सुप्रीम कोर्ट के 4 न्यायाधीशों को धन्यवाद देता हूं जिन्होंने अपनी आत्मा को नहीं बेचा।

— Jignesh Mevani (@jigneshmevani80) January 13, 2018

Former ASG Vikas Singh says judges’ press conference was not planned, should have said something ‘substantial’

Speaking to ANI , former additional solicitor general of India and the Supreme Court Bar Association president Vikas Singh said, “If they had to come for a press conference, then they should have said something substantial. Just creating doubts in the minds of people will not serve the interest of the judiciary. This was not properly planned. They didn’t say anything about Justice Loya.”

BJP’s Sambit Patra calls it ‘internal matter’ of SC; says Congress trying to gain political mileage

This is an internal matter of the Supreme Court,AG has given statement. No politics should be played. Surprised and pained that Congress which has been rejected number of times by people in elections is trying to gain political mileage, it has exposed itself: Sambit Patra,BJP pic.twitter.com/IeBios9MCs

— ANI (@ANI) January 12, 2018

Actor Prakash Raj says Centre ‘cannot hold things from falling apart’

Respected Supreme Court judges take a bow ..for #justasking...a clear message ..that there are people who won’t sell souls..and eventually in cases from justice Loya to Aadhar..CENTER can not hold things falling apart.

— Prakash Raj (@prakashraaj) January 13, 2018

Omar Abdullah voices support for SC judges, says ‘worst thing we can do is wish it away’

When four senior most Hon judges of the Supreme Court see a threat to India’s democracy the worst thing we can do is to simply wish it away.

— Omar Abdullah (@OmarAbdullah) January 13, 2018

RECAP: Four SC judges call for press conference, accuse CJI Dipak Misra of ‘breaching rules’

Divisions in the Supreme Court burst out in the open on Friday when four senior most judges took an unprecedented step of addressing the media to accuse Chief Justice Dipak Misra of breaching rules in assigning cases to appropriate benches, with one of them pointing to the plea regarding the mysterious death of Special CBI judge BH Loya.

At a hurriedly called press conference at his residence, Justice J Chelameswar and three other colleagues said the Supreme Court administration was “not in order” and their efforts to persuade Justice Misra even this morning “with a specific request” failed, forcing them to “communicate with the nation” directly.

The four judges — Justice Ranjan Gogoi, Justice Kurian Joseph and Justice Madan B Lokur besides Justice Chelameswar — released a letter they wrote to Justice Misra a couple of months ago, conceding that he was the master of roster but that was “not a recognition of any superior authority, legal or factual of the Chief Justice over his colleagues”.

–IANS

Supreme Court Bar Association to hold a meeting, address press later today

Supreme Court Bar association to hold a meeting over allegations made by the 4 SC judges, to also address the press, later today.

— ANI (@ANI) January 13, 2018

Updates for 13 January, 2018 begin here

Allegations made by 4 judges must be looked into: Rahul Gandhi

“All citizens are looking at this issue and it must be addressed. It is an unprecedented move, so the questions raised by the four judges should be thoroughly looked into,” Rahul Gandhi said.

Senior most judges should hear PIL in death of Justice Loya, says Congress party

Speaking to the press, Congress spokesperson said that while the Congress party was deeply disturbed by these development, we would request the senior most judges to hear the case and appoint an independent SIT to probe it.

Issues raised by judges very disturbing: RS Surjewala

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Surjewala quoting the letter written by the four judges said that the Congress party is deeply disturbed by these developments.

Rahul Gandhi to brief media shortly

I am hopeful judges will find amicable solution of there differences by tomorrow: A-G KK Venugopal

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Attorney General KK Venugopal refused to comment on his meeting with the CJI or other judges but expressed hope that the learned judges would solve their differences in the interest of the institution. “The issue has been covered extensively and intricately by the broadcast media, I am sure the judges must also feel that it is in the interest of the institution to resolve their difference.. I know all of these judges, I know each one of them. They are very wise men and sober people I am hopeful they will settle their differences,” the attorney general said.

Judiciary will resolve internal matter on its own: MoS Law PP Chaudhary 

“The judiciary is independent and reputed. They will resolve it themselves. The government should have no need to intervene,” said MoS Law PP Chaudhary.

Explainer: What is a Supreme Court roster that the dissenting judges had objections to?

In the early years of its existence, the SC had only 7 judges and they would all hear matters together. But as the court expanded and its workload increased, the Supreme Court became an institution with multiple benches. 

The record of the allotment of cases to benches is called the roster. The CJI is the first amongst equals at the Supreme Court and his judgments carry no more weight than any other judge of the court. But the CJI does have more administrative powers, which includes control on the roster. This means it is up to the CJI to decide which set of judges hears which matters. 

A particular judge may have domain expertise in an area of law and therefore would be suitable for a particular matter while another judge may not. These decisions are often taken by the Chief Justice while assigning matters. While there is usually a system that is followed for most regular cases, when it comes to constituting special benches or assigning matters of constitutional import, the exercise of this power becomes as important as some of the decisions of the court itself.

How RP Luthra case played a part in igniting present controversy

The case of RP Luthra versus Union of India was specifically mentioned in the letter sent by four judges of the Supreme Court to the Chief Justice of India. The case pertained to appointments to the higher judiciary and the memorandum of procedure for doing so—issues which were highlighted in the press conference called by the judges on Friday. 

Attorney General KK Venugopal says press conference ‘could have been avoided’

Attorney General KK Venugopal said the unprecedented move by the four Supreme Court judges in holding a press conference “could have been avoided” and the judges would now have to act in “statesmanship” to ensure complete harmony.

“What has happened today could have been avoided. The judges will now have to act in statesmanship and ensure that the divisiveness is wholly neutralised and total harmony and mutual understanding will prevail in future,” he said. – PTI

Hope CJI MIsra and judges resolve the issue: Shashi Tharoor

While talking to CNN-News18, Shashi Tharoor said that politicians must refrain from commenting on the conduct of the judiciary as it is unconstitutional. He added that it is however, fair to point out that there have been lapses on part of the government also.

Hope that CJI Dipak Misra and judges will resolve this issue and government also does not delay appointment of judges, he said.

Maintain dignity of the judiciary: Ex-Bombay HC judge

Former Bombay High Court judges said the dignity of the judiciary should be maintained in such trying times.

Reacting to the apex court judges’ media briefing and their allegations, retired Bombay High Court chief justice Manjula Chellur said something must have triggered the four judges to go public with their claims.

“These situations are difficult. But what needs to be kept in mind is that this is not about just individuals. This is about the institution in totality,” Chellur said. – PTI

Irreparable damage done to judiciary: Santosh Hegde

​Expressing deep anguish over four Supreme Court judges going public on issues related to the apex court, former Solicitor General of India N Santosh Hegde today said he was “devastated” by their action which has caused “irreparable” damage to the institution.

“As a retired judge of the Supreme Court, I feel devastated. “For some reason or the other, their cause is justified, (but) relief they are seeking is wrong…going to the media? No. Judiciary was always considered as a family. Family disputes are never taken to the streets,” he told PTI.

Legal fraternity says it’s unprecedented, shocking

The decision of four senior-most judges of the Supreme Court to hold a press conference was today termed as “unprecedented” by the legal fraternity, with some experts terming it as “shocking” while some others saying there could have been some compelling reasons for such a move.

Some legal luminaries also said the turn of events had raised a question mark about the credibility of the judicial system.

Parliament cannot remain mute spectator of crisis in judiciary: D Raja

Parliament is supreme in our democracy. In such a situation, Parliament will have to debate this mater & sort out problems by meaningful suggestion: D Raja on #SCJudgesMutiny

— News18 (@CNNnews18) January 12, 2018

Meanwhile… what is the controversy surrounding Justice Loya’s death

• Justice Loya was hearing the case relating to extra judicial killing of Sohrabuddin Sheikh, in which BJP president AMit Shah was an accused. The CBI had alleged that Shah, in his capacity as home minister of Gujarat, ordered the extra-judicial killings of Sohrabuddin Sheikh, a petty criminal in Gujarat, his wife, and their friend who was a witness to Sheikh’s killing in 2005.
• Official records say that Loya died of cardiac arrest, but family alleges he was offered bribe to let off Shah, days before his death. 
• The judge who replaced Loya in the case, acquitted Shah, just two weeks after Loya’s death. 

The Supreme Court is currently hearing a plea seeking inquiry on the death of Justice Loya. This issue was raised up today after four Supreme Court judges went public with their allegations that CJI is not following procedure on allotment of cases. When one of the media persons asked the judges, whether their grievance about allotment of cases also related to the Justice Loya case, the judges nodded in affirmative.

Not giving it political colour. These are concerns for everybody: D Raja on meeting with Justice Chelameswar

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Have known him for a long time. When I came to know of the extraordinary step taken by him & other judges, I thought must meet him. Not giving it political colour. These are concerns for everybody, it's about future of country & democracy: D Raja on meeting Justice #Chelameshwar pic.twitter.com/yHyMxz8KcD

— ANI (@ANI) January 12, 2018

BJP leader Yashwant Sinha expresses support for dissenting judges, says their hints are loud and clear

Seen some of the comments. Stand firmly with the four judges. Instead of criticising them let us concentrate on the issues raised by them. If the highest court is compromised then democracy is in peril.

— Yashwant Sinha (@YashwantSinha) January 12, 2018

What the judges are hinting at is loud and clear. Hope we get at the truth of Judge Loya's death.

— Yashwant Sinha (@YashwantSinha) January 12, 2018

Congress top brass reaches Rahul Gandhi’s residence before party’s press meet

The Congress senior leadership is in a huddle before they address the press on the party’s stand on the crisis that unraveled today. The party will hold a press briefing at 6.30 pm.

Government not to interfere in ‘clash of personalities’ within judiciary: Reports

#SCJudgesMutiny - This has happened before between Bhagwati and Mehta. It’s a clash of personalities and govt needn't get into it. Govt is the arbiter of society, not judiciary. Ideally, the 4 judges should stay away from meeting politicians: Top govt sources

— News18 (@CNNnews18) January 12, 2018

Mamata Banerjee remarks on “extreme interference” of Centre with Judiciary

Mamata Banerjee tweeted on the issue, expressing her anguish and disappointment on the open fall out between Supreme Court judges. She, however, also added that  “extreme interference of Central Government with Judiciary” is dangerous for society.  

Judiciary and Media are the pillars of democracy. Extreme interference of Central Government with Judiciary is dangerous for democracy. 2/2

— Mamata Banerjee (@MamataOfficial) January 12, 2018

Justice Chelameswar ready for dialogue to sort out issue: CNN-News18 report

News18 said it has learnt from sources close to Justice Chelameswar that the judge is ready to hold a discussion with his colleagues to sort out the issue. He has also reportedly said that his intention was never to humiliate the CJI but he did what he could to raise his point.

CJI yet to make up his mind on briefing media: Reports

According to CNN-News18, Chief Justice Dipak Misra will confirm later whether he wishes to go public with his response over the issues raised by four senior Supreme Court judges. It is likely that the CJI chooses to address his colleagues first, before going public with a statement, the report said.

Kapil Sibal to meet Rahul Gandhi at 5 pm, before Congress presser 

Congress leader and senior advocate Kapil Sibal to meet Rahul Gandhi at 5pm today over the press conference by the four #SupremeCourt judges

— ANI (@ANI) January 12, 2018

CPI’s D Raja meets Justice Chelameswar

According to a report by CNN-News28, CPI’s D Raja met Justice Chelameswar, one of the four Supreme Court judges who held a press conference earlier today, speaking out publicly against the CJI. However, it was not clear whether Raja’s meeting with the Supreme Court judge was related to the matter. Reports say that Raja shares a close family relation with Justice Chelameswar.

Meanwhile, CPM, another Left-wing party has demanded a thorough investigation “to understand how the independence and integrity of judiciary was being affected.”

The dissenting judges had different views on Collegium system of appointment

CNN-News 18 reported that the four judges who have come out in public against the CJI had differences on the matter of appointment of judges. While Justice Chelameswar was the lone dissenting voice, who spoke against the Collegium system, Justice Gogoi and Justice Joseph, however, said that the traditional system must be upheld.

Congress to hold press briefing at 6.30 pm over Supreme Court controversy

Judges should not make it an issue of egos but principle: Former judge AK Ganguly

Former Supreme Court Judge AK Ganguli said that the CJI cannot afford to be rigid on issues like this after all this is not a matter of clash of egos but a matter of principle. These should have been thrashed out within the institution, he added. “I heard that the justices said that they tried and approached the CJI but did not succeed. Well, the CJI must try and resolve this internally as he must first earn the confidence of his peers, that is how he will become the Chief and not my merely by seniority,” Ganguly said.