Supreme Court will be supreme, no one can steal its independence: CJI
New Delhi, Oct 1 : Demitting office after a tumultuous tenure, Chief Justice Dipak Misra on Monday said the Supreme Court will stand supreme not just for now but for all times to come and that judicial independence cannot be taken away.
Speaking at a farewell ceremony hosted by the Supreme Court Bar Association (SCBA), he said justice must have a humane approach and should be insulated from "disruptive action".
"Independence of judiciary, the collegiality of brother and sister judges should be supreme. The Supreme Court stands supreme not just now but for the all times to come. Any kind of craftsmanship cannot steal away judicial independence. I must add that truth has no colour," Justice Misra said.
"Law is not static, jurisprudence is not static....I tell you justce must have a humane face and a humane approach. The artificial divisions and barriers of caste, creed, religion and gender tend to divide us. Justice must be insulated from disruptive action. Scales of justice have to be balanced as far as possible. That is the essence of justice," he said.
Justice Misra, who delivered a slew of judgements in the company of brother judges on individual freedoms and other important issues, had his last working day on Monday. Chief Justice-designate Ranjan Gogoi will be sworn in on Wednesday.
Justice Misra said neutrality in each case, whether involving greater or smaller ramifications "is same for us (judges)". "Tears are tears. Popular perception or capacity to building narratives for any particular leanings can never guide the course of justice."
He said the constitutional promises are to be fulfilled and their fruits must reach the common man on the ground, saying equity and justice can't be disassociated. Judges in India were ahead of their counterparts in other countries.
Maintaining that justice delivery system should be geared to fulfil the constitutional promises and they must reach the common man on the ground, Chief Justice Misra said that he has not "disassociated the lady of equity from the lady of justice."
The outgoing Chief Justice said there was no difference between tears of a poor man or those of an affluent person. He said sometimes history can be kind and unkind as well but "I judge people not from history but by their activities and perspectives."
Complimenting CJI Misra for his various judgements upholding the liberty and gender justice, Justice Gogoi said, "In times of great political churning, alongside huge diversity of thought and opinion, we are divided, perhaps more than ever, by lines of caste, religion, ideology. These are issues that cut and divide us. They make us hate those who are different. The challenge is to protect a common world view."
He said that inadequacies accompany the system of justice delivery, pointing to the "exemplary erudition and exemplary fortitude' with which the judicial system has functioned.
Telling the gathering that "we are living in the times where what we should eat, wear have stopped being little things of our personal lives," Justice Gogoi said, "There is lot to look ahead. System has done well."
"We must allow constitutional morality to prevail whenever we have doubts. Constitutional moral views must prevail because that gives us the most balanced views, he said.
The Chief Justice-designate said, "If we fail in this endeavour to hold true to our Constitutional ideals, we will continue to kill, hate each other. "It is in times like this that our resilience to the ideals of the Constitution is tested."
Attorney General K.K.Venugopal again batted for increasing the retirement age of the top court and High Court judges including four to five fold increases in their remunerations.
The AG disapproved of an oft-repeated suggestion that after retirement, judges should not accept post-retirement positions in places requiring their expertise.
Recalling the turbulent phase which the top court saw during the stewardship of CJI Misra when Supreme court Bar Association President Vikas Singh took exception to the manner in which "some members of the bar tried to take advantage of the situation to the detriment of the institution".
Advocating that the judges should continue to get for the rest of their lives the salary they were drawing, Vikas Singh said the judges were the most vulnerable target of attacks based on conjectures.
Complimenting the legal fraternity for rallying around the institution in the period of its crisis, Singh said that things would not have been set right if the bar had not stepped in.
Justice Misra visited press lounges in the Supreme Court complex where he interacted with journalists, a first such interaction by a retiring CJI.
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CM Siddaramaiah alleges ‘criminal conspiracy’ in Sringeri recount, vows legal action
Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
