In by far strongest attack on the apex court judges, former Supreme Court judge Markandey Katju in his blog has alleged that the vast majority of the Supreme Court Judges are people of very low intellectual level.He, however, appreciated some having high intellectual level and character, like Justice Chelameswar and Justice Nariman.
Katju has been critical of Indian judiciary and has earlier said that “India’s judiciary has collapsed, it has become an empty shell.” He has also slammed the collegium system of appointment of judges and has accused the system of promoting corrupt and incompetent judges.Queried by a FB follower if he did not fear being sued for contempt for such dangerous remarks, Katju responded “truth is a defence in contempt proceedings”.
Under Contempt of Courts Act, publication of any matter or the doing of any act whatsoever which scandalises or tends to scandalise or lowers or tends to lower the authority of, any court” amounts to contempt.
When another follower said “Now I think many citizens will genuinely think low of SC judges, will it not result in people losing faith in judiciary?”, Katju responded “why should people have illusions about the judiciary?” Katju’s blog says: “The present Chief Justice of India, Justice Thakur, in the BCCI case chose to ignore binding precedents that there is broad separation of powers in the Indian Constitution, and it is for the legislature, not the judiciary, to legislate. By acting thus he displayed total lack of judicial discipline, seeking only popular adulation, and throwing the Constitution and the law to the winds.” He also said: “I can go on and on about most of the present Supreme Court judges to show how low is their intellectual level, but that is not necessary. Suffice it to say that they have reached their positions not because of merit but only by dint of seniority. Justice Deepak Mishra, in line to become CJI, was appointed a Judge in Orissa High Court at a very young age because of the influence of his relative Justice Ranganath Mishra, former CJI, who was one of the most corrupt judges in India.”