The Chief Justice re-allocated the case. "Unfortunately, our efforts failed", he added.
The Justices didn't specify what the issues they discussed are.
The apex court is hearing two PILs seeking an independent investigation into circumstances leading to Loya's death in Nagpur where he had gone to attend the wedding of a colleague's daughter.
In theory, Misra can recommend someone else over Gogoi, especially if he claims the latter's behaviour has affected the image of the Supreme Court.
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He also called for a collective resolve to address the issues flagged by the judges "instead of finding fault with what they have said".
"It might be true that the CJI assigned cases arbitrarily".
The four judges also touched upon another controversial issue, the Memorandum of Procedure on appointment of judges over which the Supreme Court had locked horns with the government. The judges in the press conference issued 7-page letter inciting CJI's misuse of power.
"Looking at its own flaws is the first step to correcting an institution, to deepening true constitutional democracy", said Karuna Nundy, a Supreme Court lawyer. Is the government playing its role inside the judiciary?.
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"It is a discharge of our debt to the nation that has brought us here", they told reporters who were present at Justice Chelameswar's house.
As the chief justice of the Punjab and Haryana High Court, his last position before he was elevated to the top court in 2012, Justice Gogoi had taken up with the then CJI SH Kapadia the way a fellow HC judge had decided a case. Some senior advocates like K T S Tulsi said there could have been some "compelling" reasons for the four judges to lay bare their differences. The government stated that it considers the press conference as an internal issue inside the judiciary.
"We do not want the people to say 20 years later that the four senior-most judges sold their soul", Justice Chelameswar said. A necessary corollary to the above mentioned principle is the members of any multi numbered judicial body including this court would not arrogate to themselves the authority to deal with and pronounce upon matters which ought to be heard by appropriate benches, both composition wise and strength wise with due regard to the roster fixed. Talking about the coming out of the Supreme Court judges in the way they had, the Congress President said that such a thing had never happened before and was unprecedented.
R.S. Sodhi, a retired Supreme Court justice, was quoted by The Associated Press news agency as saying that the judges' decision to express their grievances openly was appalling. Justice Chelameswar & co may perhaps defend their actions in the light of the fact that CJI Misra did not pay heed to the problems raised.
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While crying ourselves hoarse over the opaqueness with which the Collegium operates, can we, at the same time, criticize them for attempting to be transparent about how the institution is functioning?