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Petitions related to Justice Loya's death transferred to SC

Petitions related to Justice Loya's death transferred to SC

Data maintained by the Union Ministry of Law and Justice shows that the Collegium, which is responsible for elevating judges to the Supreme Court, has not followed any clear pattern in making its decisions.

It is essential to have an impartial and independent judiciary for the survival of a liberal democracy, Justice Jasti Chelameswar said.

In this context, an open letter was written to the CJI by four retired judges, Justices P B Sawant, K Chandru, A P Shah and H Suresh, the first being from the Supreme Court and the next three retiring from High Court.

Justices Chelameswar, Ranjan Gogoi, MB Lokur and Kurian Joseph had on 12 January stunned everybody by holding an unprecedented news conference accusing CJI Misra of assigning politically sensitive cases to relatively junior judges for favourable judgments. "One must constantly keep analysing and examining how exactly the institution is functioning".

Underscoring the need for an independent judiciary, Justice J Chelameswar on Monday emphasised that the institution must be sustained and improved for the welfare of the people.

Referring to "various aspects of the Supreme Court discussed in the book", Justice Chelameswar said: "The Supreme Court of India is not a superintending court over the entire judiciary of this country". But in practice, the Supreme Court exercises a great deal of superintendence.

The Maharashtra government told the Supreme Court that a careful and prudent investigation was conducted after the media reports and four judicial officers assured there was no foul play involved.

The book gives an account of the foundation of the apex court and its first two decades.

The Supreme Court asked Maharashtra, Bombay High Court to transfer all the documents including two petitions relating to the alleged mysterious death of special CBI judge BH Loya. A backlog which, it appears to me, is nearly impossible to be cleared.

He said there was a near impossible backlog of 50,000-60,000 cases at the supreme court, for which a solution needed to be found for the court to remain relevant.

"The enormous jurisdiction which the Supreme Court is conferred by the Constitution, coupled with the eagerness of the court to do complete justice created a huge amount of arrears on this court". "Research work like the book we have in hand, would go a long way to provide necessary material to find solution to this problem", he added.

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