New Delhi: Former CJI Ranjan Gogoi Said on Thursday that on January 12, 2018, the four senior-most judges of the Supreme Court protested against the press conference. chief Judge Dipak Misra had the ability to stand as an example for judges to express their grievances, but expressed confidence that such an opportunity would never come in the future.
Justice Gogoi, who was then the third senior-most judge of the Supreme Court, addressed the press along with Justice J Chelameswar. Madan B Lokur And Kurian Joseph, opposed to handing over important cases to ‘junior judges’, including one related to the investigation into Judge BH Loya’s death, answered questions about unprecedented pressure without showing any signs of trouble .
TOI’s question to Justice gogoi Was – “Didn’t that press conference set a bad precedent? Each time the judges differed on how the CJI was acting on the administrative side, or when the CJI repeatedly ignored his suggestions. They can come back to the precedent. To go to a press conference. What are your thoughts on that?”
Justice Gogoi said, “The press conference was the culmination of a series of denial of requests made to the CJI by the brother judges. All the four most senior judges at that time were unanimous that there was no other option. But to go to the press. Where As far as I am concerned, I didn’t know that it would be such a big press conference. I thought we would meet some of the press people for talks.”
“TOI has a valid point, any difference of opinion between the judges and the CJI can lead to a press conference. I hope that doesn’t happen and I’m sure it won’t. Reasons, opportunities for disagreement of a magnitude which Will force the judges to take this step no action will be taken, it was once more out of turn situation. There are people who believe it was the right move, others who believe it was wrong. I think That this is a chapter that needs to be closed. I can only hope that such a situation does not arise (in future). Here, the sentiments and suggestions coming from the judges to the judges and the CJI, especially the CJI Will have to take proper care of it.”
TOI drew the attention of Justice Gogoi to the President’s strong views on the need to reform the current mechanism for selection of judges in constitutional courts. Justice Gogoi said, “The collegium system like any other system has its drawbacks. It has its drawbacks. It has to work for the best benefit. I will not condemn it. It is capable of working in the best interest of the institution.” If the people running the system want so. As Dr. Ambedkar said, a good constitution becomes good in the hands of good people and a good constitution gives bad results in the hands of bad people.
“The collegium system – should it be so difficult for five people (for the Supreme Court) to agree on the best options? I do not blame the five people running the system for the conflicts and obstacles. The system has inherent and inherent shortcomings Because there are two types of seniority – All India seniority and High Court seniority. Seniority plays a big role in judge selection system. Many times one finds that junior is better than senior. Senior may be average or may be good. But the junior can excel. These are tough choices. In the best interest the system may want the junior. The norms working in the system don’t allow it. And that’s why perhaps the collegium system comes in for criticism.”
When asked about the difficulties faced by the CJI, he said, “The office of the CJI is very unique. The norms governing the functions of the office cannot be framed within any set parameter. There is a sense of discretion and discretion. A large amount is, as far as I am concerned, always in the best interest of the institution. The best interest of the institution is not always in the best interest of the few people who are part of the institution. That is how I acted. How do my successors It’s not up to me to comment on whether the predecessors worked.”
When asked why a CJI and a SC judge are targeted by a section of lawyers, Justice Gogoi said, “It is normal. A SC judge has only judicial power and no administrative power.” The exercise of judicial powers and judicial orders can be talked against and acted judicially. The CJI is the only authority that has administrative powers. Hence, being the sole repository of all administrative powers in this vast judicial system of the country. As such, administrative decisions that may adversely affect or affect a section of stakeholders are bound to happen. May not please everyone. Therefore, for administrative decisions, he is bound to attack like any other administrator. But, for judicial decisions he would not be prepared to attack because it would be contempt. For an administrative order, it would not be contempt.”
How one stroke of the coin decided Justice Gogoi’s career
Former CJI Sharad Arvind Bobde, who released Justice Gogoi’s autobiography ‘Justice for the Judge’, highlighted how the toss of a coin marked a turning point in Justice Gogoi’s professional life.
When it was decided in the Gogoi family that either Anjan or Ranjan The impasse was settled by the toss of a coin, for which both Ranjan and his elder brother were eager to attend the Sainik School in Goalpara. Anjan went to Sainik School, then made a career at the National Defense Academy and the Indian Air Force. Anjan retired as an Air Marshal while serving as the Air Officer Commanding-in-Chief of the South Western Air Command. Justice Bobde said that Ranjan went to St. Stephens and chose law as a career, after which he was made the CJI.
his youngest brother niranjan is a renowned doctor, while two sisters – Indira and Nandita – joined the Assam Civil Service, the former joining the service after becoming a mother.
Justice Gogoi, who was then the third senior-most judge of the Supreme Court, addressed the press along with Justice J Chelameswar. Madan B Lokur And Kurian Joseph, opposed to handing over important cases to ‘junior judges’, including one related to the investigation into Judge BH Loya’s death, answered questions about unprecedented pressure without showing any signs of trouble .
TOI’s question to Justice gogoi Was – “Didn’t that press conference set a bad precedent? Each time the judges differed on how the CJI was acting on the administrative side, or when the CJI repeatedly ignored his suggestions. They can come back to the precedent. To go to a press conference. What are your thoughts on that?”
Justice Gogoi said, “The press conference was the culmination of a series of denial of requests made to the CJI by the brother judges. All the four most senior judges at that time were unanimous that there was no other option. But to go to the press. Where As far as I am concerned, I didn’t know that it would be such a big press conference. I thought we would meet some of the press people for talks.”
“TOI has a valid point, any difference of opinion between the judges and the CJI can lead to a press conference. I hope that doesn’t happen and I’m sure it won’t. Reasons, opportunities for disagreement of a magnitude which Will force the judges to take this step no action will be taken, it was once more out of turn situation. There are people who believe it was the right move, others who believe it was wrong. I think That this is a chapter that needs to be closed. I can only hope that such a situation does not arise (in future). Here, the sentiments and suggestions coming from the judges to the judges and the CJI, especially the CJI Will have to take proper care of it.”
TOI drew the attention of Justice Gogoi to the President’s strong views on the need to reform the current mechanism for selection of judges in constitutional courts. Justice Gogoi said, “The collegium system like any other system has its drawbacks. It has its drawbacks. It has to work for the best benefit. I will not condemn it. It is capable of working in the best interest of the institution.” If the people running the system want so. As Dr. Ambedkar said, a good constitution becomes good in the hands of good people and a good constitution gives bad results in the hands of bad people.
“The collegium system – should it be so difficult for five people (for the Supreme Court) to agree on the best options? I do not blame the five people running the system for the conflicts and obstacles. The system has inherent and inherent shortcomings Because there are two types of seniority – All India seniority and High Court seniority. Seniority plays a big role in judge selection system. Many times one finds that junior is better than senior. Senior may be average or may be good. But the junior can excel. These are tough choices. In the best interest the system may want the junior. The norms working in the system don’t allow it. And that’s why perhaps the collegium system comes in for criticism.”
When asked about the difficulties faced by the CJI, he said, “The office of the CJI is very unique. The norms governing the functions of the office cannot be framed within any set parameter. There is a sense of discretion and discretion. A large amount is, as far as I am concerned, always in the best interest of the institution. The best interest of the institution is not always in the best interest of the few people who are part of the institution. That is how I acted. How do my successors It’s not up to me to comment on whether the predecessors worked.”
When asked why a CJI and a SC judge are targeted by a section of lawyers, Justice Gogoi said, “It is normal. A SC judge has only judicial power and no administrative power.” The exercise of judicial powers and judicial orders can be talked against and acted judicially. The CJI is the only authority that has administrative powers. Hence, being the sole repository of all administrative powers in this vast judicial system of the country. As such, administrative decisions that may adversely affect or affect a section of stakeholders are bound to happen. May not please everyone. Therefore, for administrative decisions, he is bound to attack like any other administrator. But, for judicial decisions he would not be prepared to attack because it would be contempt. For an administrative order, it would not be contempt.”
How one stroke of the coin decided Justice Gogoi’s career
Former CJI Sharad Arvind Bobde, who released Justice Gogoi’s autobiography ‘Justice for the Judge’, highlighted how the toss of a coin marked a turning point in Justice Gogoi’s professional life.
When it was decided in the Gogoi family that either Anjan or Ranjan The impasse was settled by the toss of a coin, for which both Ranjan and his elder brother were eager to attend the Sainik School in Goalpara. Anjan went to Sainik School, then made a career at the National Defense Academy and the Indian Air Force. Anjan retired as an Air Marshal while serving as the Air Officer Commanding-in-Chief of the South Western Air Command. Justice Bobde said that Ranjan went to St. Stephens and chose law as a career, after which he was made the CJI.
his youngest brother niranjan is a renowned doctor, while two sisters – Indira and Nandita – joined the Assam Civil Service, the former joining the service after becoming a mother.
,