In an unprecedented move, Justice J Chelameswar - the second senior-most judge in the Supreme Court - addressed the media along with three other Supreme Court judges on Friday and said that the administration of the apex court is "sometimes not in order".
The Supreme Court's Collegium has recommended the names of senior advocate Indu Malhotra and Uttarakhand Chief Justice K M Joseph for appointment as judges to the apex court. The four judges who addressed the media were Justices Jasti Chelameswar, Ranjan Gogoi, Madan Lokur and Kurian Joseph.
Soon after the press conference by the four senior-most judges, the CJI called Attorney General K K Venugopal for a meeting, court sources said. "Hope we get at the truth of judge Loya's death", he said referring to special CBI judge BH Loya whose death has come under the scanner after a news magazine raised questions about the circumstances in which he died. "Again today morning we went [.] but we failed to convince [the CJI]", according to the NDTV broadcast of the press conference.
He was appointed as a judge of the Supreme Court on 4 June, 2012.
Addressing the press conference, all four justices made it clear that they were not engaging in politics.
"We owe a responsibility to the institution and the nation".
Chief Justice Mian Saqib Nisar, heading a four-member larger bench, gave the order while hearing the contempt case against 14 judges who had taken oath under the PCO.
"Looking at its own flaws is the first step to correcting an institution, to deepening true constitutional democracy", said Karuna Nundy, a Supreme Court lawyer.
Asked if they want the CJI to be impeached, the judges said that they are not implying it and that it is for the nation to decide.
For the first time, four judges of Supreme Court of India said that the Institution in under threat and indirectly claimed that CJI Dipak Misra is playing like a political agent of the ruling party. "We have spotted things in the last few months".
The chief justice was known to assign "politically sensitive cases, which would have far-reaching impact on the republic, to hand-picked judges in order to achieve a particular outcome", Bhushan alleged. Twenty years from now, the nation should not say we sold our souls.
"Democracy will not survive if judiciary is not impartial", he said. We wanted a particular thing to be done in a particular manner. Much before that, Justice Santosh Hegde was appointed as top court judge directly from the Bar.
The bench posted the matter for further hearing on January 15.