Sibal, a senior Supreme Court lawyer himself, said he did not want to comment on an internal issue of the court, he said the Court itself will deal with it. Shortage of judges, as well as frequent and contentious deliberations between government and collegium on appointments, can be minimised by allowing SC as well as high court judges to serve until 70.
In his PIL, Shanti Bhushan has stated that the "master of roster" can not be unguided and unbridled discretionary power, exercised arbitrarily by the CJI by hand-picking benches of select judges or by assigning cases to particular judges.
In a letter to the CJI, he said it had been over three months since the collegium, of which Justice Kurian is a member, recommended Ms. Malhotra and Justice Joseph and sent the files to the Ministry of Law and Justice.
When Justice Karnan challenged the dignity of the Court, you may kindly recall that we met in Full court and resolved to take the issue suo moto on the judicial side.
"Is not the present a more grievous situation?"
"You may recall, and as has been the practice, it was our decision to send the names in a phased manner so that there may not be any administrative or other difficulty".
"We are very, very concerned about what is happening in court and we believe that the option that is available to us is still open", Congress spokesperson Kapil Sibal said when asked about the party's stand on the issue. "I am more anxious about the irreparable injury that is being caused by the wrong message sent to the judges down the line", Justice Joseph said. This court is reeling under the pressure of work and working with a strength of 24 as against 31. "We are not able to sit for the second phase since fate of the first phase is not yet known".
"This is not some instant coffee", he said and added: "We are dealing with an institution and it will be a very sad day if the Opposition has to take that step.it will be with very heavy heart". I am more anxious about the irreparable injury that is being caused by the wrong message sent to the Judges down the line. I mentioned first seven only because of the mandate of the Full Court in Justice Karnan's case.
He noted that the CJI 's "personal efforts" to resolve the crisis had not proved fruitful. Unless such a surgical intervention is made the appropriate time, the child in the womb dies.
THE SUPREME Court Friday agreed to examine a petition seeking regulations on the power of the Chief Justice of India to allocate cases to different benches of the court and sought the assistance of Attorney General of India K K Venugopal and Additional Solicitor General Tushar Mehta in the matter.
The copy of the letter has been sent to the other fellow judges.
In an unprecedented move, on January 12, four senior Supreme Court judges, including Justice Chelameswar, had called a press conference to express their displeasure with the CJI Dipak Mishra and with the way he was assigning cases.