A​N INSIGHT ANALYSIS INTO THE RECENT MESS IN THE SUPREME COURT OF INDIA

A​N INSIGHT ANALYSIS INTO THE RECENT MESS IN THE SUPREME COURT OF INDIA

courtesy -a Senior Lawyer in the Supreme Court ​ This story starts with ​​the “Kaccha Chitta” claim and threat made by Mr. Modi – he has one for everyone and will take them out when the time comes, he threatened. The story then moves to the previous CJI, Kehar who had a very very good

courtesy -a Senior Lawyer in the Supreme Court

This story starts with ​​the “Kaccha Chitta” claim and threat made by Mr. Modi – he has one for everyone and will take them out when the time comes, he threatened.

The story then moves to the previous CJI, Kehar who had a very very good reputatio​​n. He was known to be fearless. He had restored the Cong Govt. in Arunachal when MLAs had crossed floor (when Kehar was not CJI). However, BJP then managed to buy them all out lock stock and barrel but that is another story.

However, much to everyone’s surprise, a former CM of Arunachal (Pul), in his suicide note, mentioned that Kehar’s son had taken bribe from him.

Sniffing a kill, the Modi-Shah combine entered into a conspiracy with Kehar – they would ensure that the suicide note would not become public and would not ask CBI to investigate Kehar and in return Kehar would act favourably towards the Govt.

Both sides kept the bargain except for some unforeseen developments – the Governor of Arunachal (Rajkhowa) made the suicide note public (it was a 70 page letter in Hindi!! – yes, most educated people in Arunachal speak, read and write Hindi because there is no common language between the tribes). Another was Pul’s widow moving Kehar on his admin side to act on the letter she had written to him to investigate the complaint against him.

Anyway, in the mean while, one of the benefits that Kehar extended to Modi was that he dismissed a petition seeking mere investigation into the Birla-Sahara diaries which named a galaxy of recipients of bribe from Sahara – many many Congress leaders and the then CM of Gujarat, Modi, included. Quid pro quo.

Kehar had a short tenure of 8 months or so.

Then came Mishra, by automatic elevation by seniority.

Mishra is a known Hindu sympathiser but that is his choice and neither here nor there. But Modi-Shah were not unhappy with his elevation – they felt comfortable. But Mishra is also a known corrupt.

Mishra (from Odisha) used judges and lawyers from his home state as his conduits. His corruption was known to Modi-Shah, just as it was known to all. A trap was laid to have a “chitta” on him so that during his longish tenure (till August 2018), he would remain pliable. His known conduits were tapped and followed. And soon they hit pay-dirt. 2 of Mishra’s henchmen were trapped in September 2017 for taking bribe on his behalf for allowing an illegal Medical College in UP to continue admitting students.

Unfortunately, the CBI story became public due to a diligent officer. When Mishra’s Court was moved asking him to recuse himself from the Medical College case, he refused. He ran to Modi-Shah for guidance and got BJP’s AG to support him and got the BJP Bar Association to heckle all lawyers who were asking him to recuse. (BTW, most judges, when asked to recuse in matters that involve them personally, as a matter of routine do).

Then he did something unthinkable. Instead of forming a usual bench comprising of himself and senior judges, he sent the matter to the junior most bench of 2 judges known BJP sympathisers and got the matter dismissed with exemplary costs, to deter anyone else from trying to pry the matter. further. But he made a mistake. The No. 2 judge (Chalmeswar) had already taken up a similar matter and had appointed a 5 judge Constitution Bench which comprised Mishra also. Mishra got that bench disbanded and instead made that sympathetic 2 judge bench hear the matter. This was unprecedented. That is when the 4 judges sent him a letter, asking him to act sanely in appointing benches and follow protocol.

These 4 judges who are so colourfully described by Rajat are neither mobsters nor politically aligned and in these times that is a sin. They are and always chose to be neutral, as judges should be. As I mentioned before, they wrote a letter to Mishra asking him to stop this unprecedented creation of benches-of-choice and pliability. There was nothing wrong in that letter and request.

What did Mishra do? He chose to ignore it. Why? No one knows.

As I have already told you, the “na khaunga na khane dunga” man had succeeded in scuttling a corruption investigation against him. But there were other skeletons in the cupboard. Amit Shah was an accused in an old encounter case of Gujarat. And that case was being investigated by a judge who was not pliable. So he was bumped off. Died and cremated in a bizarre manner, without informing his immediate family. And Amit wiped all trails and thought that was over. But crime has a way of climbing back. So Justice Loya’s unnatural death was unearthed and brought before the Supreme Court for an investigation. And this is the immediate cause of what happened today. Having seen Mishra’s bench-making habits, the 4 senior most judges went to him and told him that this matter would have to be heard by a bench following protocol but Mishra refused. And the press conference followed.

So this matter is not about judiciary and judges. It is about politics and politicians. And how they are managing to make the Supreme Court partial to them. And how the Supreme Court is becoming a hand-maiden of the Government, which is not how the Constitution had seen it. The media and the courts are supposed to act as check and balance in democracy. They are not supposed to be supportive of the government. That is the design. And anyone who disagrees is not aware of the design of the Indian Constitutional Democracy. However, in reality the opposite is happening in the Modi regime. The major media has become the Films & Publicity Division of the Government (Republic, Times). Successive CJIs are under the thumb of the Government.

Yes, there is a great threat to the republic and we are already a banana one​.

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