CJI Ranjan Gogoi writes to PM Modi, seeks increase in number of SC judges

Chief Justice of India Ranjan Gogoi has written to Prime Minister Narendra Modi seeking to increase the strength of judges and raise the retirement age of high court judges to 65 years.
Gogoi has also urged the prime minister to make tenure appointments of retired apex court judges and high court judges under Articles 128 and 224A of the Constitution respectively to clear backlog of cases pending for years.

The CJI, who wrote three letters to the PM, said there was a pendency of 58,669 cases in the top court and the number was increasing due to filing of more fresh cases.
Due to paucity of judges, the required number of Constitution benches to decide important cases involving questions of law were not being formed, the CJI said.
"You would recall that way back in 1988, about three decades ago, the judge strength of the SC was increased from 18 to 26, and then again after two decades in 2009, it was increased to 31, including the CJI, to expedite disposal of cases to keep pace with the rate of institution," he wrote.
"I request you to kindly consider, on top priority, to augment the judge-strength in the SC appropriately so that it can function more efficiently and effectively as it will go a long way to attain ultimate goal of rendering timely justice to the litigant public," Gogoi wrote.
He said that though the size of the feeder cadre of chief justice and judges of the high courts has increased in the past yet the strength has not been increased proportionally in the top court.
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In his second letter, the CJI urged Modi to consider bringing a constitutional amendment to increase the retirement age of high court judges from 62 to 65 years.
"One of the prime reasons why we are not able to contain the ever-growing pendency is shortage of HC judges. At present, 399 posts, or 37 per cent of sanctioned judge-strength, are vacant. The existing vacancies need to be filled immediately. However, despite best efforts put in by all stakeholders, it has not been possible to appoint judges to bring the working judge-strength anywhere close to the sanctioned judge-strength," Gogoi wrote.
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The CJI also wrote that the retirement age of high court judges should be raised by three years to 65 years.
"This, in turn, would help in improving the vacancy position and consequently reducing pendency of cases. This would also be in consonance with the (repeated) recommendations made by parliamentary standing committees," he wrote.
Gogoi further said, "A judge takes time to evolve and by the time he is in a position to put innovative thoughts based on rich experience to practice, he finds himself nearing retirement. This can be avoided if the age of retirement is raised to an appropriate level so that his vast experience, deeper insight and expertise can be utilised for a longer period."
"In my view also, if retired HC judges are considered for appointment in tribunals beyond the age of 62 years, they may continue in HCs up to 65 years. The proposal suggested will ensure continued availability of more experiences judges for a longer tenure," he wrote.

CJI Gogoi alleges larger conspiracy behind sexual harassment charges

Chief Justice of India (CJI) Ranjan Gogoi said on Saturday that the allegations of sexual harassment against him were part of a larger conspiracy to “deactivate” the office of the CJI, adding that he would “not stoop so low even to deny them”.
“After 20 years of selfless service as judge, I have a bank balance of Rs 6.80 lakh. Nobody can catch me on money. People have to find something and they have found this,” Justice Gogoi said during a specially convened hearing.

A three-judge Bench, comprising CJI Gogoi, Justice Arun Mishra and Justice Sanjeev Khanna, was assembled after a former female employee of the apex court sent a detailed affidavit to the residences of 22 judges, giving details of the alleged harassment.
In her letter, the junior court assistant, who was employed with the Supreme Court from May 1, 2014, to December 21, 2018, alleged that she was harassed at the CJI's home, and that she was removed from her job without giving any reason.
She further alleged that following her termination, both her husband and his brother had been suspended as head constables posted with Delhi Police. She said her own brother, employed with the Supreme Court, was also terminated. This, she alleged, was a direct consequence of her not agreeing to the advances made by the CJI.
The details of the affidavit, along with the letter, were first published on Friday evening by four online media outlets, which, the CJI said, had given him time till 7 AM on Saturday to respond.
Supreme Court Secretary General S S Kalgaonkar, however, refuted the claims made in the letter. In a detailed email, he said all the allegations made by the woman concerned were mala fide and had no basis. There was no occasion for the woman to interact directly with the CJI, he said.
The letter, the secretary general said, was not only “mischievous, but a complete afterthought of her to make these false allegations at this time”. “It appears that these false allegations are being made as a pressure tactic to somehow come out of the various proceedings which have been initiated in law, against her and her family, for their wrongdoings.
It is also very possible that there are mischievous forces behind all this, with an intention to malign the institution,” the secretary general said.
It is alleged that the woman had taken a bribe of Rs 50,000 from a person with a promise of getting him a job in the Supreme Court.
During the proceedings on Saturday, CJI Gogoi said that while the allegations made against him were an attempt to malign the judiciary, “he would continue to sit on this Bench and discharge my duties without fear or favour”.
“Why would any sane person want to become a judge? Reputation is all that we have, and even that is sought to be tarnished. If these are the conditions for judges, good people will never come forth in the judiciary,” Justice Gogoi said. Justice Khanna, who was also part of the Bench, observed that with these kinds of allegations, they felt restrained.
Attorney General (AG) Senior Advocate K K Venugopal and Solicitor General (SG) Senior Advocate Tushar Mehta were also present to assist the court in the matter. While Venugopal said he had been “under attack” from another lawyer for defending the government, Mehta urged the court to register a case under his name.
The court, however refused to pass any judicial orders and only observed that media should act responsibly and show some restraint so that “independence of judiciary is not affected” by such allegations. “We appeal to the wisdom of the media, and to act responsibly, to show restraint,” the three-judge Bench said, before rising for the day.
Later in the day, the Patiala House Court adjourned till April 24 the case in which the state has moved to cancel the bail of the woman.

Chief Justice Misra recommends Justice Ranjan Gogoi as his successor

Following the principle of seniority, Chief Justice of India (CJI) Dipak Misra has recommended the name of Justice Ranjan Gogoi as his successor. Justice Gogoi is the senior-most judge of the top court after Chief Justice Misra.
As per convention, the outgoing Chief Justice sends the recommendation about his successor 30 days before he is to demit office so that the Chief Justice-designate is named well in time.

If the recommendation is cleared by the Central government, Justice Gogoi will be administered the oath of office by President Ram Nath Kovind on October 3.
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CJI Misra is retiring on October 2, but the day being a national holiday on account of birth anniversary of Mahatma Gandhi, October 1 will be his last working day.
The Union Law Ministry had in August last week written to the Chief Justice requesting him to recommend the name of his successor.
Justice Gogoi is one of the four Supreme Court judges who had held the unprecedented press conference in January this year, raising concerns about the administration in the apex court, saying it was "not in order". The other three judges were -- Justice J. Chelameswar (now retired), Justice M.B. Lokur and Justice Kurian Joseph.
Justice Gogoi is from Assam, and he headed the special bench that is monitoring the updation of National Register of Citizens to identify citizens in the northeastern state.
Born in 1954, Justice Gogoi joined the Bar in 1978. He was subsequently appointed as Permanent Judge of Gauhati High Court on February 28, 2001.
Later transferred to the Punjab & Haryana High Court in September 2010, he went on to become the Chief Justice of Punjab & Haryana High Court in February 2011. He was elevated as a judge of the Supreme Court in April 2012.