Justice Kurian Joseph objects to holding conference on Good Friday; Writes to CJI Dattu, invites rebuke

In what could snowball into a major controversy, the Chief Justice of India HL Dattu (CJI) is reported to have rebuked one of his brother judges, Justice Kurian Joseph, for objecting to holding the Chief Justices’ conference on Good Friday and Easter, which are holy days for Christians..According to this report, Justice Joseph wrote to CJI Dattu questioning the timing of the conference citing the difficulties some of the judges would face on account of the holy days due to religious ceremonies and family get togethers. Justice Joseph added that by holding the conference on such holy days, the judiciary would be giving a wrong message to other Constitutional institutions and public bodies who “may feel compelled not to give equal importance and respect to all holy days.” He also clarified that he was not attempting to strike “a communal note” but only expressing his concern that an institution which is bound to protect the secular fabric of the country is drifting away from the same..Excerpts from the letter read as follows:.“I may with deep anguish bring to your kind notice that such an important conference shouldn’t have been held when some of us, who are otherwise expected to be part of the event, are otherwise committed on account of the holy days when we have religious ceremonies and family get- together as well.” He added that such “serious programmes” were not held during Diwali, Dussehra, Holi, Eid etc.“Please don’t think that I am striking a communal note. Only since I see institution like ours, which are otherwise bound to protect the secular ethos and project secular image as per mandate of Constitution, are slowly drifting away from the constitutional obligations, I thought of putting this concern in writing.”.The letter did not go down well with the CJI, who wrote back expressing his shock that the decision to hold the conference after a gap of two years was being questioned by none other than one of his brother judges on the ground of inappropriate timing. The CJI further wrote that he would give institutional interest preference over individual interest in such situations while clarifying that the conference was called in the first week of April because the CJI, his two senior most colleagues in the Supreme Court and the Chief Justices of High Courts are free from regular court work during that period..The letter from the CJI contains the following:.“The question that I have to ask myself, perhaps I can’t ask you, is whether it is institutional interest or individual interest that one should give preference to. As far as I am concerned I would give priority to former and not to the latter…..assuming that religious ceremonies and family get together are more important than institutional interest, you (Justice Joseph) could have asked your family to join you in Delhi. By doing that you could have struck balance between the institutional interest and family commitments. Several other participants are coming from distant places, leaving behind families.”The CJI has concluded by saying that had he or other judges of the court been in place of Justice Joseph, “we would have valued institutional interest more than family commitments, especially when fingers are being raised about the judiciary at all levels”..Earlier this week, advocate Lily Thomas had requested the CJI not to hold the conference on Good Friday considering the spiritual significance the day held for Christians. Justice Dattu had, however, turned down the request citing previous instances when such conferences were held on Good Friday, Valmiki Day and Independence Day..The Chief Justices’ conference is slated to begin today and will be attended by the CJI, two seniormost judges of the Supreme Court and Chief Justices of 24 High Courts from across the country. A variety of issues relating to the judiciary will be discussed in the conference including pendency of cases and computerisation of courts..Image Courtesy: Website of Supreme Court of India