With his initial verdicts, CJI Gogoi defies expectations and apprehensions

Virender Sehwag was in a league of his own. A one-man tribe in all respects. Who defied all the grammar and syntax of batting, yet in the most simplistic approach – a ball that needs to be hit, should be hit. No matter who the bowler is, or the opposition, or where the match is played. Even the color of the ball did not matter, as if it needs to be hit, it will be hit. Be it, T20, ODI, or Test Cricket. Be it the first ball of the match, or the last. Be it the first runs being scored or the 300th. Virender Sehwag was great.

Looks like India’s freshly sworn in CJI Ranjan Gogoi has come to crease in Sehwag mode because the decisions are flying right out of the park and at a mindboggling strike rate.

On Wednesday, Ranjan Gogoi was sworn in as the 46th Chief Justice of India. Many people were apprehensive about the appointment of Ranjan Gogoi as the CJI due to his family’s past with the Congress party. In addition, Ranjan Gogoi was one of the four senior-most Supreme Court judges who had addressed press conference against then CJI Dipak Misra in January this year over roster issue.

However, with his initial verdicts, he seems to have proven those apprehensions wrong.

In his verdict number one, CJI Gogoi refused to entertain an urgent plea filed by controversial activist lawyer Prashant Bhushan with respect to deportation of Rohingyas. He had said, “We will read the files (and) if necessary pass orders.” He also added, “If they are deported, we can always get them back if it’s (deportation) wrong. Do not worry.” It’s important to mention here that it was under Gogoi’s order that National Register of Citizens (NRC) is being prepared.
On his very first day in the Supreme Court, CJI Ranjan Gogoi made impressive announcement of putting an end to morning ritual of ‘mentioning’. He said that ‘mentioning’ exercise would be done only in exceptional cases by the advocates on records or their junior associates. The CJI Gogoi was quoted as saying, “No mentioning! We are working out the parameters… if someone is being released today, then yes… if someone is being hanged today, then yes… if somebody is being evicted today, then yes… if there is risk of demolition, yes….beyond that, No!” The ritual of ‘mentioning’ had become a tool at the hands of senior lawyers to bully junior advocates. It has been used to abuse the process of law. Plus the ritual of ‘mentioning’ is time consuming. It consumes about 15-20 minutes precious time of the apex court. Having said that all, this is a welcome step by the newly appointed Chief Justice of India. It will help in to resolve the abuse of the process of the court. And also it is good to see that CJI Gogoi has raised the bar of hearing of urgent cases. The CJI Gogoi told advocates, “We are in the process of coming up with new parameters and streamline the practice of mentioning cases. Till then only matters where someone is getting evicted or hanged or killed would be heard (urgently).” Most probably this will put an end to the new trend of ‘midnight hearings’ under the pressure of the powerful lawyers of the country.

In one of his initial verdicts, a Supreme Court bench headed by CJI Gogoi dismissed the plea challenging the arrest of disgraced cop Sanjiv Bhatt in relation to a 1996 drug planting case. The bench said petition can be moved before the Gujarat High Court. This is a right step towards ensuring that cases are first heard by lower courts and influential lawyers do not directly approach the Supreme Court, as had happened during the Bhima-Koregaon case

For more details: Disgraced IPS officer Sanjiv Bhatt known for his abusive tweets arrested in a drug planting case

However, these are initial steps, although consequential in the long run, which have little impact on wider public discourse. Crucial cases with wider political implications like Ram Temple, Justice Loya case review petition, National Herald scam case, Aircel-Maxis case would be real litmus test of the CJI Gogoi.