[Rajya Sabha Nomination] Justice Gogoi Compromised Noble Principles On Independence And Impartiality Of Judiciary: Justice Kurian Joseph

Reacting sharply to the acceptance of Rajya Sabha seat by former Chief Justice Ranjan Gogoi, former Judge of Supreme Court Justice Kurian Joseph said;

"We have discharged our debt to the nation" was the statement made by Justice Ranjan Gogoi along with the three of us on 12th January 2018. I am surprised as to how Justice Ranjan Gogoi who once exhibited such courage of conviction to uphold the independence of judiciary, has compromised the noble principles on the independence and impartiality of the Judiciary".

Justices Ranjan Gogoi, J Chelameswar, Kurian Joseph and Madan Lokur conducted a press conference in January 2018 against then Chief Justice Dipak Misra alleging arbitrary allocation of important cases to some specific benches.

The President of India on Monday nominated Ranjan Gogoi to Rajya Sabha as a nominated member.

Justice Gogoi, who was appointed as the Chief Justice of India on 3rd October 2018, had retired on 17th November 2019. The bench headed by him had delivered crucial judgments in cases like Ayodhya, Sabarimala, Rafale etc.

Speaking to LiveLaw Justice Kurian Joseph said;

"Our great nation continues to be firmly grounded on the basic structures and Constitutional values, thanks mainly to the independent judiciary. The moment this confidence of the people is shaken, the moment there is a perception that a section among Judges are otherwise biased or looking forward, the tectonic alignment of the nation built on solid foundations is shaken. Only to strengthen this alignment, the collegium system was introduced by the Supreme Court in 1993 to make the judiciary completely independent and not interdependent"

Justice Joseph observed that the acceptance of nomination as member of Rajya Sabha by a former Chief Justice of India, has certainly shaken the confidence of the common man on the independence of judiciary, which is also one of the basic structures of the Constitution of India.

I came out in public in an unprecedented move along with Justice Chelameswar, Justice Ranjan Gogoi and Justice Madan B Lokur to tell the nation that there was a threat to this foundation and now I feel the threat is at large. This was also the reason why I decided not to take up any posts after retirement, , Justice Joseph said.

Speaking to Indian Express Justice Madan Lokur said; The Indian Express: "There has been speculation for sometime now about what honorific would Justice Gogoi get. So, in that sense the nomination is not surprising, but what is surprising is that it came so soon. This redefines the independence, impartiality and integrity of the judiciary. Has the last bastion fallen?"

Ex-CJI Gogoi's Rajya Sabha Nomination Disturbs Public Faith In Judiciary