September 29, 2018:
Former Chief Justice of India A N Ray was given "two hours" to decide on accepting the Top Judicial post in the country in 1973, that had created a controversy as his appointment had led to the supersession of 3 Senior Judges of the Top Court as per the Latest Book.
Justice Ajit Nath Ray is quoted, "If I didn't accept (the post), someone else would have been offered it. I did not hanker for it," as saying in the book "Supreme Whispers", authored by Abhinav Chandrachud, the grandson of former Chief Justice Y V Chandrachud.
Although Justice Ray's statement about being given "two hours" to decide on taking over as the CJI has been challenged by some other Senior Judges of that period.
They claimed in the book that he knew about his upcoming appointment much in advance. Justice Ray passed away in 2010.
This & several other claims and counter-claims were made by over 66 Supreme Court judges in their interviews to American scholar George H Gadbois Junior in the 1980s which are now out in the book.
Justice Ray's appointment by the then Indira Gandhi regime, superseding 3 Senior Judges of the Top Court -- Justice Jaishanker Manilal Shelat, Justice A N Grover and Justice K S Hegde, was viewed as an attack on the 'Independence of the Judiciary'.
The appointment was made on April 25, 1973, just after a day of SC's judgement in the Kesavananda Bharati Case, where a 13-Judge Constitution Bench, by a 7-6 verdict, had outlined the 'basic structure' doctrine of the Constitution.
While Justice A N Ray was among the 6 dissenting judges in the case, Justice Shelat, Justice Hegde and Justice Grover, were on the side of the majority.
But Ray's statement that he was given 2 hours to decide to accept the post of CJI was challenged by Justice Hegde and Justice P Jaganmohan Reddy.
They claimed that Ray knew long before that he would take over from Justice Sarv Mittra Sikri.
Justice Reddy was the Chief Justice of Andhra Pradesh High Court between 1966-69.
The book though claims,"In fact, at a dinner held for the Russian ambassador a week before the supersession, P Jaganmohan Reddy and his wife had heard cabinet minister of steel and mines, (Mohan) Kumaramangalam congratulate Ray on his impending appointment as CJI."
Ray came down heavily on those who spoke against the supersession & described him as "nervous", "bitter" &"sarcastic" during the interview.
He also said many of those who had criticised it "didn't have the standing of a School-Leaving Certificate".
He even pointed out to Gadbois that though the supersession of Shelat, Hegde and Grover was announced on 25 April, 1973, the 3 Judges did not resign from the Court immediately and labelled their criticism of the supersession as "immoral".
Justice Shelat and Hegde went on leave until April 30, while Justice Grover went on leave until May 31 and all three of them resigned after that.
The book reads, "He (Ray) implied that the three judges did not resign immediately in order to ensure that they would have sufficient years in service as to receive an enhanced pension upon retirement."
However in the same essay titled "The Beleagured Justice Ray", the author dismisses the allegation put forward by Ray.
According to Chandrachud, there was absolutely no reason for the 3 Judges to continue in the Supreme Court to become eligible for higher pension.
Under the prevalent rules at that time, Judges had to have 7 Years in Office in order to get higher pension.
The book also mentions few part of the interview where Ray defends his controversial decisions in the SC, including the Habeas Corpus case.
He quoted "It was obvious to anyone with any sense that one cannot have the writ of habeas corpus during Emergency."
The Habeas Corpus Judgment, which said that citizens have no right to life & liberty during a national Emergency, came just ahead of the 2nd controversial supersession in the Indian judiciary in 1977.
Judge H R Khanna, the only dissenter in the case, was superseded by Justice M H Begh, which the former had quit.
Later, the New York Times wrote an editorial lauding Justice Khanna, saying "if India ever find its way back to the freedom and democracy... someone will surely erect a monument to Justice H R Khanna of the Supreme Court".
The book sheds light on the secluded world of several of India's top court judges, 19 of whom held the post of the Chief Justice of India. The Book being published by the Penguin Random House.
Source: India Today
Picture Source :
