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Jagan Vs Judiciary - My Analysis
1. The recent letter by AP CM Jagan to Honorable CJI has raised the eyebrows of many. Although there is no rule that prohibits a CM from writing directly to the CJI, this communication is rather unusual, if not unprecedented.
1. The recent letter by AP CM Jagan to Honorable CJI has raised the eyebrows of many. Although there is no rule that prohibits a CM from writing directly to the CJI, this communication is rather unusual, if not unprecedented.
2. Generally, elected heads (PM/CM) avoid direct communication about the conduct of the Judges to CJI. Instead, they approach the head of the state (President). But AP CM not only wrote his grievance to CJI but also released it to the public in a press conference.
3. AP CM met HM and then PM only a week ago. Although we do not know what transpired there, we can say that lending a patient ear to CM Jagan implies that the Center acknowledged his grievances. However, one should not mistake that the Center is taking sides in this issue.
4. The very fact that the AP CM avoided writing it to the President conveys the message that the Center does not want to be a party in this battle. Now there are three possible outcomes of this Jagan Vs Judiciary battle
5. Outcome 1:
Judiciary may see it as an act of bullying and give it back to Jagan. But the repercussions are serious. Jagan will play the martyr. PIL gang will use this as an excuse to intensify the attack. Like politics, Judiciary will be portrayed as rotten
Judiciary may see it as an act of bullying and give it back to Jagan. But the repercussions are serious. Jagan will play the martyr. PIL gang will use this as an excuse to intensify the attack. Like politics, Judiciary will be portrayed as rotten
6. Outcome 2 :
The CJI may conduct a full-fledged inquiry into the allegations and assuage the feelings of Jagan. But it is like opening a can of worms: CJI will face a barrage of complaints and demands for inquiries on some other retired judges etc.
(Contd..)
The CJI may conduct a full-fledged inquiry into the allegations and assuage the feelings of Jagan. But it is like opening a can of worms: CJI will face a barrage of complaints and demands for inquiries on some other retired judges etc.
(Contd..)
7. Outcome 2 :
(Contd..)
This will make his brother judges vulnerable. They will lose their morale. They may revolt against CJI. After all, accusations on judges will be allowed only if they are made by insiders (elite lawyers/judges) but not by outsiders (politicians/public)
(Contd..)
This will make his brother judges vulnerable. They will lose their morale. They may revolt against CJI. After all, accusations on judges will be allowed only if they are made by insiders (elite lawyers/judges) but not by outsiders (politicians/public)
8. Outcome 3:
This is an alternative middle ground. A temporary truce. The CJI may conduct a superficial inquiry and write back to Jagan giving a clean chit to all the accused Judges. Later, He transfers a few AP HC judges to other HCs
This is an alternative middle ground. A temporary truce. The CJI may conduct a superficial inquiry and write back to Jagan giving a clean chit to all the accused Judges. Later, He transfers a few AP HC judges to other HCs
9. It is only a temporary truce as the accused SC Judge may soon become CJI. This will only complicate the matter. As several cases against Jagan are pending in courts, any adverse outcomes in those cases will be blamed on the accused SC Judge
10. The incumbent CJI has an onerous task. whatever the outcomes are, the sanctity of the Supreme Court must be safeguarded. SC resisted the arm-twisting by PIL anarchists in some politically sensitive cases, now they may pounce on this opportunity.
11. Luckily, the Center’s nonchalant attitude has put these anarchists in a quandary. Now they are unsure if their actions will help the Govt or hurt it. Meanwhile, the CJI can set things in order.
12. Conclusion:
Jagan's allegations: Yes, there is some merit. Deserves attention.
Making the letter Public: I don't support it. It is a bullying tactic.
Way out: Very difficult. It is in CJI's hands.
Center: Thank God, they are neutral.
End.
Jagan's allegations: Yes, there is some merit. Deserves attention.
Making the letter Public: I don't support it. It is a bullying tactic.
Way out: Very difficult. It is in CJI's hands.
Center: Thank God, they are neutral.
End.
