Cong stands exposed on Ex-CJI Gogoi nomination issue
New Delhi, Mar 18: The nomination of former Chief Justice of India (CJI) Justice Ranjan Gogoi to Rajya Sabha by the President Ramnath Kovind sparked sharp reactions from the Congress, some of his colleagues in the apex court, the ‘so-called’ mainstream newspapers and other opposition parties. For them, Gogoi accepting this nomination tantamounted to some kind of compromising on his earlier position on various controversial issues.
The tone and style of this criticism are so pinching that the Press Council of India (PCI) had darted a show-cause notice to one of the prominent English dailies for its headline grossly insulting the President of India for nominating Justice Gogoi to the Upper House!
However, Congress should have looked into its history before launching a tirade against Gogoi and the BJP Government for his nomination. Justice Gogoi has said that he would speak on this issue once he takes the oath as Rajya Sabha member. At least these critics should have waited for his response. But they did not have that much patience.
Justice Gogoi is not the first person to accept such a post after retirement. Earlier, Congress rewarded former Chief Justice Ranganath Misra by nominating him to Rajya Sabha in 1998 and he continued to be a member of the Upper House till 2004.
Justice Misra was CJI from 25th September 1990 to 24th November 1991. Soon after his retirement, he was appointed as the first Chairman of the National Human Rights Commission (NHRC) and later was sent to the Rajya Sabha in 1998. It was he who recommended to the government to bring the converted Scheduled Castes in the ambit of reservation framework.
Justice Misra was the only member of the commission that probed the anti-Sikh riots in Delhi in 1984 in the aftermath of the killing of the then Prime Minister Indira Gandhi. Over 3000 Sikhs were killed in that organized orgy of violence which allegedly had involvement of many a congressman.
But it was Justice Ranganath Misra who gave ‘clean chit’ to the Congress party and its leaders. It was alleged that because of this ‘favor’ he was rewarded by the Congress party by sending him to the Rajya Sabha.
But the more classic case was that of Justice Baharul Islam. During the period of Indira Gandhi, Justice Islam was nominated to the Upper House soon after his retirement. He was a regular member of the Congress party. This was seen as the most unprecedented incident in the history of the Indian judiciary.
Baharul Islam was a member of the Congress party since 1956 and was sent to Rajya Sabha twice – in 1962 and 1968. He surprised all by resigning from the Rajya Sabha to be appointed as the Judge of Assam and Nagaland High Court. In 1979, he became the Chief Justice of Assam High Court and retired in 1980.
Even after his retirement, he was appointed as a Supreme Court judge in December 1980. This was a surprising and unprecedented incident as conventionally the retired High Court judges are not appointed to the apex court.
In 1983 he resigned and contested the Lok Sabha election from Assam’s Barpeta constituency but as the election was postponed, he was nominated to Rajya Sabha by the Congress party.
Those who criticize Justice Gogoi for accepting the ‘offer’ based their arguments on some of the past incidents which had participation of the former CJI. For example, the four-judge press conference criticizing the functioning style of the then CJI Deepak Mishra. Justice Madan Lokur, Justice Joseph Kurian and others criticized Justice Gogoi for this ‘reward’.
They felt that the government has rewarded him for his landmark judgments on sensitive matters like Assam NRC, Sabarimala entry to women devotees, Rafale deal, CBI and the most historical and landmark judgment on Sri Ramjanmabhumi title suit in favor of the government. They also argue that several wrongs in the past do not justify this as right.
But all these critics – the Congress, leftists, media, etc. had no words of criticism when the Congress did it obviously to placate the Muslim voters on whose support it the party enjoyed uninterrupted power for decades.
The then Congress government has rewarded the then Chief Justice of Bombay High Court Justice M C Chhagla by appointing him as India’s envoy to the US and then High Commissioner to the U K in the regime of Prime Minister Jawahar Lal Nehru.
The Modi government also had appointed ex-CJI Justice P Sathasivam as Governor of Kerala. More such examples can be cited. But that is not the issue here. Congress has been playing this game of double standards and its recent position on Justice Gogoi’s nomination only confirmed this.