Justice Shah confirmed having written an open letter along with the other retired judges and told PTI, "We have written the open letter which the other judges named in the letter have also consented to."
He said that the view expressed by the retired judges is "quite similar to the views of the Supreme Court
Bar Association (SCBA) that till this crisis is resolved, the important matters should be listed before a five-judge Constitution bench of senior judges".
Justice Shah said that earlier he was not sure about the consent given by the other three judges and, therefore, he initially denied having written any letter but now all of them have given consent to it.
The letter quoted the judges as having said, "The four senior puisne Judges of the Supreme Court
have brought to light a serious issue regarding the manner of allocation of cases, particularly sensitive cases, to various benches of the Supreme Court.
"They have expressed a grave concern that cases are not being allocated in a proper manner and are being allocated arbitrarily to particular designated benches, often headed by junior judges, in an arbitrary manner. This is having a very deleterious effect on the administration of justice and the rule of law."
The four retired judges said that they agree with the four judges of top court that though the CJI is the master of roster and can designate benches for allocation of work but this does not mean that it can be done in an "arbitrary manner" such that, "sensitive and important cases" are sent to "hand-picked benches" of junior judges by the chief justice.
"This issue needs to be resolved and clear rules and norms must be laid down for allocation of benches and distribution of cases, which are rational, fair and transparent," they said, adding that this must be done "immediately to restore public confidence" in the judiciary and in the Supreme Court.
The letter further said that "however till that is done, it is important that all sensitive and important cases including pending ones, be dealt with by a Constitution bench of the five seniormost judges of this Court".
It added, "Only such measures would assure the people that the Supreme Court is functioning in a fair and transparent manner and that the power of the Chief Justice as master of roster is not being misused to achieve a particular result in important and sensitive cases. We, therefore, urge you to take immediate steps in this regard.
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