Yesterday was an Unfortunate Day in the History of the Supreme Court, I Wish It Never Happens Again, But All was Not Well: Kamini Jaiswal, Advocate Supreme Court of India
Speaking to Communalism Combat and Newsclick in an exclusive 11 minute interview, Ms Jaiswal spoke of the developments in the highest curt of the land, arising out of the unprecedented move by four of the five senior most judges in addressing the people of India through a press conference yesterday, January 12, 2018.
“The Judges brought out their agony at the functionings within the Supreme Court. It is an unfortunate day in the history of the judicial system and I wish it never happens again:” Kamini Jaiswal
“CJI has always been one among equals though in some administrative matters and as Master of the Rosterhe allocates matters to different benches”: Kamini Jaiswal
“With power comes a duty and the duty is to use the power of Master of the Roster in a judicious manner”: Kamini Jaiswal
“There are well settled guideines to exercise this power. Matters are categorised and allocated to different benches according to categories”: Kamini Jaiswal
“When you file a matter you are expected to categorise it and then it is allocated according to the categories. Sensitive matters with far reaching consequences are generally allocated to senior Judges”: Kamini Jaiswal
“The CJI cannot pick up matters and allocate them, especially those which have consequences to the party in power, according to his whims, breaking established practice”: Kamini Jaiswal
“Justice must not only be done but must be seen to be done”: Kamini Jaiswal
“When there is arbitrariness, the other Judges cannot be silent spectators”: Kamini Jaiswal
“Yes, the SC needs to be sensitive to the poor, the people. There are people languising in jails whose matters are not heard for yeaars on end because they do not have the lakhs of rupees to pay fees of senior counsel”: Kamini Jaiswal
“There must be transparency in the functioning of the Supreme Court, at every level”: Kamini Jaiswal
“Law associations and bodies are divided. If we had been united and cared about the quality of justice delivery this would not have happened. There are allegations of financial irrerularites. If lawyers were not involved, how would these allegations every come to be made?” Kamini Jaiswal
“The Principal Secretary to the PMO N. Misra had no business visiting the CJI today especially when this was a matter concerning the independence and integrity of the SC”: Kamini Jaiswal
“There is an Undeclared Emergency in the Country. People of a certain class are scared of what they eat, what they wear, they are being targeted. People in Gujarat voting against the party in power are afraid to say so. If this is not an undeclared emergency what is?” Kamini Jaiswal
“I believe we will come out of this unprecedented crisis”: Kamini Jaiswal