full court consideration(Eds: Incorporating related stories, more quotes of Kurian)New Delhi, Jan 13 (PTI) Justice Kurian Joseph, one of thefour Supreme Court judges who virtually revolted against thechief justice, today said there was no need for an outsideintervention to solve the issue, while the apex court barbody called for a full court consideration of the matter.
Justice Ranjan Gogoi, who was also among the four judges,told PTI in Kolkata, "There is no crisis." He made the remarkon the sidelines of a programme, when asked about the wayforward to resolve the crisis in the top court.
Justice Joseph said the matter was not brought to theattention of the President of India as he has noconstitutional responsibility over the Supreme Court or thejudges of the apex court.
He said there was no constitutional lapse from thepart of CJI but convention, practice and procedure has to befollowed while carrying out his responsibility.
"We just brought that matter to his attention," hesaid at an event near Kochi.
The Supreme Court Bar Association (SCBA) expressed "graveconcern" over the differences of the four seniormost judgeswith CJI Dipak Misra.
The SCBA executive committee, which held an emergencymeeting, resolved that all public interest litigation (PIL)matters, including the pending PILs, should be either taken upby the CJI or be assigned for adjudication to the four seniorjudges who were part of the apex court collegium.
Meanwhile, the Bar Council of India (BCI), the apex bodyof lawyers, formed a seven-member team to meet the judges ofthe Supreme Court tomorrow to discuss the present crisis inthe apex court.
It passed a resolution, saying no political party orleaders should take "undue advantage" of the situation arisingout of the press conference by the top court judges.
In an unprecedented move, justices J Chelameswar, Gogoi,M B Lokur and Joseph, had launched a public attack against theCJI, listing a litany of problems, including the issue ofassigning of cases.
"An issue was raised. Those concerned have listened toit. Such actions would not occur in future. So (I) believethat the issue has been settled," Justice Joseph toldreporters on the sidelines of the silver jubilee celebrationsof the Major Archiespicopal Status of the Syro-Malabar Churchin Kakkanad near Kochi.
"There is no need for outside intervention to solvethe matter because its is a matter (that) occurred within aninstitution. Necessary steps would be taken by the institutionitself to sort it out," he said, when asked if an outsideintervention was required to solve the matter.
Earlier, he rejected suggestions that they had violateddiscipline and expressed the hope that their action will bringin more transparency in the administration of the SupremeCourt.
"Stood up for justice and judiciary...That is what wesaid there (in New Delhi) yesterday. Nothing beyond that,"Justice Joseph said in Malayalam when local television newschannels approached him at his ancestral home in Kalady nearKochi seeking his reaction on yesterday's development.
A day after the presser by the four judges, TV visualstoday showed prime minister's Principal Secretary NripendraMisra turning up at the residence of the CJI.
The visuals showed Nripendra Misra driving to the CJI'sofficial residence here. However, the gates were not openedand after waiting for a while, the principal secretary to theprime minister was seen driving back.
After the visuals were aired, the Congress was quick tocriticise the government.
"As PM's Principal Secretary, Nripendra Misra visitsCJI's residence at 5, Krishna Menon Marg; PM must answer thereason for sending this special messenger to Chief Justice ofIndia," Congress's chief spokesperson Randeep Singh Surjewalatweeted.
SCBA President and senior advocate Vikas Singh said thata resolution for the full court consideration was passed as itis a mechanism in which deliberations by all the judges of thetop court takes place in-house and not in the open.
The SCBA resolution said that matters listed for hearingin the apex court on January 15 "should also be transferred"from other judges to the five seniormost judges who were partof the collegium.
The BCI cautioned the political parties and leaders fromtaking an "undue advantage" of the situation in the apexcourt.
It said the four seniormost judges going public withtheir differences with the CJI had given an opportunity to thepolitical parties and leaders to interfere in the affairs ofthe judiciary.
Without taking any name, BCI chairperson Manan KumarMishra said, "No political party or leader should take anundue advantage of the situation arising out of the pressconference of the four senior Supreme Court judges."The reference to political parties and leaders assumessignificance as Congress president Rahul Gandhi had yesterdayaddressed the media after the judges went public with theirgrievances.
At an emergency meeting called by the BCI's governingbody, comprising 17 members, the resolution was passed, sayingthe seven-member committee would meet all the apex courtjudges tomorrow.
Mishra later said that the members of the committee wouldalso meet the four judges and, in the end, the CJI.
The BCI said it was of the view that such issues shouldnot be made public. PTI ABA MNL SJK UK RKS NAB PYK SCH ENM TGBASK SCSC.
This is unedited, unformatted feed from the Press Trust of India wire.