Former Chief Justice of India Justice R M Lodha today termed as "disastrous" the prevailing situation in the apex judiciary and said though the CJI is the master of roster, the allocation of cases has to be "fair and in the interest of the institution." Asserting that the "independence of judiciary is non-negotiable", Justice Lodha said it was for the CJI to take the institution forward by showing "statesmanship qualities" and taking his colleagues together.
"The phase we are seeing at the Supreme Court today is, to say the least, disastrous. It is high time that collegiality is restored. The judges, though with their different approaches and different view points, must find a common ground that takes the Supreme Court forward. That maintains the independence of judiciary," Justice Lodha said at a function to release a book by former union minister Arun Shourie.
Justice Lodha had faced a similar incident as in the case of Uttarakhand High Court Chief Justice K M Joseph during his tenure as the CJI when the NDA government had segregated the Collegiums recommendation and sought reconsideration of the name of senior advocate Gopal Subramanium as an apex court judge. Subramanium had later stepped aside from the race.
"I always felt that independence of judiciary is non-negotiable and it is for the CJI, who is the leader of the court, to take them forward. He has to show his statesmanship qualities take all brothers and sisters together," Lodha said, without making any reference to the incumbent CJI Dipak Misra. PTI
