Prashant Bhushan: It’s the Government which tried to ‘blackmail the CJI’

The process culminating in the move to impeach the Chief Justice of India began with the Union Government collecting evidence through the Central Bureau of Investigation against the Chief Justice of India, asserted Lawyer, activist and convenor/ secretary of the Campaign for Judicial Accountability and Reforms Prashant Bhushan on Friday.

Holding the Union Government and the Chief Justice of India both responsible for the crisis, Bhushan said that the Union Government had tried to blackmail the Chief Justice by unleashing the CBI to collect evidence in the medical college case.

Watch Prashant Bhushan’s conversation with National Herald below:

The Chief Justice of India, he added, had aggravated the situation by denying permission to the CBI to lodge a Regular Case against a sitting high court judge and by insisting on hearing the case himself. The CBI had wiretapped conversations, Bhushan pointed out, which pointed a finger to the CJI. The CBI had also arrested a retired Odisha High Court judge in the same case, who was released on bail within days.

Describing impeachment as an inherently political process that starts in Parliament, Bhushan said he understood the hesitation of political parties to initiate the move. “You can make a move for impeachment of a judge only if you have substantial evidence of misconduct and misbehaviour and only if such misconduct becomes a public scandal,” he declared.

Political parties, therefore, would have taken their time, weighed the evidence, held consultations before deciding to submit the motion, he pointed out.

Referring to the PIL seeking a gag on the media on reporting on the impeachment, an amused Bhushan said that he had never heard of the Supreme Court imposing any restriction on the media. Even the present CJI Dipak Misra, he pointed out, is on record speaking against any gag on the media. Such a gag would be totally inappropriate, he added.

Justice Sikri of the Supreme Court on Friday posted the PIL for May 7 and sought the views of the Attorney General on the prayer. Lawyers were quick to point out that the Constitution does not give any power to the Supreme Court to gag the media. At best the apex court can impose restrictions on reporting proceedings in the interest of fair trial, they maintained.

Describing the crisis in the judiciary as ‘very serious and very deep’, Bhushan referred to the press conference addressed by the four senior most judges of the apex court in January, when they had declared that there was a threat to both the judiciary and democracy.

Reacting to criticism that the move to criticise, defame or impeach the Chief Justice of India had scandalised and undermined the judiciary, Bhushan said that some people wanted the status quo to continue. But shouldn’t a judge or Chief Justice of India be exposed if there is evidence of misconduct, he wondered aloud.

They want the present rot to continue so that they can enjoy a good time, he alleged.

Also read:

Supreme Court asks AG’s help on media gag plea on CJI impeachment

Opposition parties to meet on Friday to discuss CJI impeachment

Medical College Bribery Scam: Officials planned to bribe court functionaries, reports The Wire

Democracy in danger, say Supreme Court judges

Who are the four whistleblower judges of the SC?

Supreme Court undermined, say former judges and legal luminaries

Agreeing with the judges who went public, former judges pen an open letter to CJI Dipak Misra

Justice Chelameswar: Audit of the judiciary must in a democracy