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Interpreters of Maladies in Court

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14.01.2018

There is no greater tyranny than that which is perpetrated under the shield of the law and in the name of justice.
Charles de Montesquieu,
The Spirit of the Laws

Extraordinary! Rarely does the word arrive in public view with its full import. On Friday, four judges of the Supreme Court of India chose to step outside the hallowed precincts and bring matters to the people’s court. It was extraordinary because four of the senior-most judges, one of them in line to be the next Chief Justice of India, publicly critiqued the Chief Justice of India.

The interpreters of maladies raised two principal points in their missive to the Chief Justice of India — the issue of Memorandum of Procedure pending for months and the allocation of cases “selectively to the benches ‘of their preference’ without any rationale basis for such assignment.”

The consequence of their action weighed heavily as they pointed out “It is with no pleasure that we have been compelled to do this, administration of Supreme Court is not in order.” That they could not deploy reason to secure what they deemed right to deliver justice within the confines of the court is a statement in itself.

There is much lather about what the judges should not have done — propriety and conduct are shaped by circumstance and doctrines of the times, and silence thus far has not yielded........

© The New Indian Express