Friday, October 26, 2018

CJI's faux pas

CBI Director Alok Verma's petition was heard by a three judge bench in the supreme court today. CJI Ranjan Gogoi was one of the three judges. Alok Verma has pleaded that CVC does not have the authority to insist on his proceeding on compulsory leave. Only the Appointments Committee of which CJI is an ex-officio member has the power to do so.

So the plaint was in effect telling the CJI, "Your powers are misused by the CVC." CJI himself cannot sit in judgment over usurpation or otherwise of his own joint-powers. This would amount to clear conflict of interest. It is a different matter that the court came to an impartial view that they would await report of the enquiry against Verma.

Lawyers like Prashant Bhushan who invent conflict of interest even if there is none preferred to be silent. Perhaps they do not want to be offensive towards the new CJI so early in his tenure as CJI and thereby antagonise him. Rahul Gandhi's demonstration for restoration of Alok Verma's powers and subsequent courting of arrest betray lack of appreciation of crucial issues involved. His consistent inability to rise to the occasion and play a responsible role as an opposition leader makes him undeserving of presidentship of the Congress party.

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