Love’s Labour Lost – CJI HL Dattu

More than a year ago I had penned a piece on former Chief Justice of India RM Lodha’s tenure at the helm. The idea was to replicate this for every Chief Justice’s term. But as the tenure of the CJI HL Dattu comes to an end, the tenor of this article has undergone a sea change..Justice Dattu took over from Justice Lodha who had a relatively shorter tenure as CJI but had initiated a series of reforms at the Supreme Court. The end of Lodha’s Court was the perfect time for a new Chief Justice to continue the good work..It was an opportunity that was squandered..There was scepticism surrounding Justice Dattu’s term even before he came to occupy the top post. His ascension to the CJI’s chair and the changes he brought to the roster in the first few months only confirmed these apprehensions..Not long after he took over, Tamil Nadu CM Jayalalithaa approached the Supreme Court seeking bail after she was jailed following the verdict in the disproportionate assets case. Senior counsel Fali Nariman, appearing before Justice Dattu, managed to secure bail with the court freeing her in the interim without hearing the prosecution. This action would loom large over all ensuing debates about Justice Dattu and prejudice every subsequent discussion..The Jaya case had hardly faded in public memory when the new year brought with it rumours about plans to elevate Mohit Shah, the then Chief Justice of the Bombay High Court. While the rest of the Bar chose silence over action, outspoken Senior Advocate Dushyant Dave, who had been elected as SCBA President a month back, chose to act. Dave wrote two scathing letters in his individual capacity coming down upon the Chief Justice’s alleged insistence in elevating Justice Mohit Shah. This episode not only brought the Collegium under scanner but also revealed the main stream media’s reluctance in publishing controversies involving sitting judges..Differences between regular and miscellaneous days became thinner as the CJI sought desperately to reduce the pendency; the haphazard listing of cases inviting the wrath of the Bar. This sparked a stand-off between the SCBA and Justice Dattu, one of many throughout his tenure. This was augmented by the CJI’s vehement refusal to hear out lawyers as a hundred cases were listed on Mondays and Fridays and dismissed with the same “No, no” which grew progressively louder in court room number one. Much like the discontent at the Bar..This finally culminated in the SCBA proposing resolutions against two sitting judges one of whom was the CJI – demanding better treatment of lawyers inside the court. It was eventually called off after a promise of better treatment by the Bench but the damage had been done. In the meantime, the Green Bench of the Supreme Court, which had been hearing cases relating to environmental issues, was disbanded without any explanation..Given the speed at which Justice Dattu was disposing cases, it was not hard to predict that claims of reduction in pendency would be made when he demits office. However, listing hundreds of cases on miscellaneous days and rushing through the Board has only temporarily hidden the symptoms; the disease continues to plague..Meanwhile, relations within the Bench also grew strained. While rumours of a turbulent rapport with a fellow judge in the Collegium were doing rounds, things took a turn for the worse when sitting judge Justice Kurian Joseph made apparent his displeasure at holding the Chief Justices conference on Good Friday..With no major judgments to his credit, the creation of Social Justice Bench and Tax Bench, establishing clinic in the court, starting a creche and revamping the library are some noteworthy changes during Justice Dattu’s tenure, a tenure which was otherwise dotted with controversies. Some of these controversies were avoidable, perhaps a result of administrative lapses. All the same, Justice Dattu’s tenure would be remembered for antagonising not just the Bar, which under a new leader refused to acquiesce, but also brothers at the Bench whom he, at many times could not take along..To be fair, part of the blame lies in the fact that the Chief Justice is in charge of the administrative functions of a court that is already burdened by excessive pendency. In fact, Justice Dattu’s tenure should ideally be used to initiate a debate on whether the administrative burden of an overburdened court should be cast upon a single man.