Introduction

When Justice Ranjan Gogoi was elevated to the position of Chief Justice of India (CJI), opinions among legal fraternity members in India split along lines of optimism and pessimism. This article aims to explore the sentiments of a legal fraternity member regarding Justice Gogoi's ascension and the author's expectations from his tenure. We'll delve into the rationale behind the pessimistic stance and consider recent developments that suggest a promising start.

Pessimism Towards Justice Gogoi’s Appointment

The author is pessimistic about Justice Gogoi's appointment, viewing it through a critical lens. They argue that Justice Gogoi, who has a political background, broke the decorum of the Supreme Court by convening a press conference when he was competent enough to pass effective orders. Such actions, the author contends, indicate an inherent lack of discipline and adherence to protocol within the court.

Specifically, the author expresses concerns over Justice Gogoi's ability to handle several key issues:

Resolution of pending cases in the Supreme Court (SC); Preventing nepotism and favoritism in the appointments to higher courts; and Fighting corruption within the judiciary.

Given that approximately 70% of his colleagues are reportedly corrupt, the author questions whether Justice Gogoi can effectively combat systemic corruption without significant reform initiatives.

Recent Developments and Positive Implications

Despite the initial pessimistic view, recent actions by Justice Gogoi in his role as CJI indicate a promising shift in the working of the Supreme Court. The author highlights several significant decisions and changes that augur well for the future:

Refusal to Intervene in Controversial Cases

On the second day of his appointment, Justice Gogoi took a firm stance by refusing to intervene in the deportation of 7 Rohingya Muslims, despite calls for action. Additionally, he dismissed a petition filed by the former IPS Sanjeev Bhatt's wife, ensuring that political interferences and personal grievances did not influence judicial decisions.

Preservation of Judicial Independence

Justice Gogoi also took a stand regarding the case of Abhijit Iyer Mitra, a journalist taken into custody for anti-state remarks. The bench dismissed the plea for bail, affirming the concept of judicial independence. The remark that jail was the safest place for the accused provides a clear indication that Justice Gogoi will not be swayed by political pressures.

Adherence to Rules and Discipline

Another significant development is Justice Gogoi’s directive that mentioning of cases for urgent hearings would be permitted only in urgent cases. This move, according to the author, signifies a departure from the earlier practice where wealth and influence could often expedite cases. Justice Gogoi is known to be a no-nonsense judge who does not generally give extra leverage to senior advocates or those with influence.

These decisions, the author believes, suggest that Justice Gogoi intends to govern the court with discipline and fairness, aligning with the rule book and upholding the integrity of the judiciary.

Conclusion and Future Expectations

In conclusion, while the author maintains a guarded optimism, the recent actions by Justice Gogoi offer a ray of hope for significant reform in the Supreme Court. It remains to be seen whether Justice Gogoi can genuinely address the myriad challenges facing the judiciary, including corruption and nepotism. However, his adherence to rules and preservation of judicial independence are encouraging signs that may lead to improved transparency and accountability in the court's operations.