Protest in Jaipur, strike in Jodhpur: Voices against Acting Chief Justice grow louder

A section of lawyers in Jaipur on Monday sat on a protest outside the court of acting Chief Justice of Rajasthan High Court, Sanjeev Prakash Sharma – who has been in the eye of a storm following a letter written by Supreme Court Justice Sandeep Mehta to the CJI over alleged “misuse of power”.

In Jodhpur, both lawyers' associations announced a strike till Sunday as they demanded that the acting CJ be relieved of judicial and administrative duties. The Jodhpur lawyers said they will write to the President, the Prime Minister, the CJI and the senior-most judges of the Supreme Court Collegium with three demands, which include removal of the acting CJ, appointment of permanent and full-time Chief Justice of the HC soon, and discontinuation of targeted filing system, which, they said, was severely impacting their work-life balance.

The development comes days after letters by Justice Mehta to Chief Justice of India Surya Kant earlier this month became public. In his letters sent to the CJI — on August 2, August 10 and August 17 — and copied to other members of the Supreme Court Collegium, Justice Mehta accused Justice Sharma of “misuse of powers” and said he had received “several complaints”, which “raise doubts” on the Acting CJ’s “integrity”.

Based on this, Justice Mehta also sought transfer of the acting CJ to another High Court and the appointment of a new Chief Justice. In Jodhpur, the Rajasthan High Court Lawyers’ Association and the Rajasthan High Court Advocates’ Association held a meeting Monday where they announced a strike till Sunday and said that they will write to the President, the Prime Minister, the Chief Justice of India and the senior-most Judges of the Supreme Court Collegium with three demands.

Terming the developments with regard to Justice Sharma as “extremely unusual in the judicial history of Rajasthan”, their first demand is removal of the acting CJ from judicial and administrative duties. “Given the current serious circumstances and allegations levelled against him, it is requested that the acting Chief Justice be relieved of judicial and administrative duties to maintain impartiality and institutional trust, so that an impartial process can proceed on relevant matters.” Second, “The advocates demanded that the Rajasthan High Court should be provided with a permanent and full-time Chief Justice soon, so that the judicial and administrative system of the court can get stability, continuity and effective leadership.” Third, they said that the lawyers present in the meeting also expressed “serious concern” regarding the targeted filing system being implemented across the state.

“Advocates said that the targeted disposal of cases, based solely on their long pendency, is placing significant pressure on judicial functioning as well as on the normal professional lives of advocates. This system is severely impacting the work-life balance of advocates and causing widespread dissatisfaction and difficulties among bar members across the state.

Therefore, it was demanded that it be discontinued with immediate effect.” The Jodhpur associations also announced that they will write to all the lawyers’ associations in the state “urging them to participate in this widespread movement.” “Our fight is not against any individual, but to protect public faith in the justice system.

The dignity of both the Bar and the Bench can be protected only if the judicial institution functions on the highest standards of impartiality, transparency, independence and trust,” they said. The two associations also said that it was unanimously decided that lawyers “would voluntarily abstain from judicial work by not appearing in person or virtually in all courts” till Sunday.

Last, a Sangharsh Samiti will also be constituted to decide the further course of action, they said. “The judiciary is not merely an institution but a symbol of the Constitution, the rule of law, and the ultimate trust of the common citizen.

If serious questions are raised regarding the judicial system are not resolved in a timely, impartial, independent, and transparent manner, it could directly impact the public's faith in the justice system. The Association has previously written letters to the Chief Justice of India on this issue,” they said.

In state capital, Rajeev Sogarwal, president of Rajasthan High Court Bar Association, Jaipur, told The Indian Express, “We convened a meeting today and after consultation, we have taken a decision to send a strong representation to the CJI, narrating the things and issues which have been raised by the Honourable Justice of the Supreme Court with regard to the acting CJ of Rajasthan.” He said that they would request that the inquiry be concluded within a set time frame and that the “conclusion be placed in the public domain as this issue is now in the public domain.” “Therefore, we will request the CJI to conclude this issue (at the earliest) as it (the delay) is neither in the interest of advocates nor the judiciary,” Sogarwal said.