For the first time in the history of independent India, four Supreme Court (SC) judges have come out in the open against the Chief Justice of India, Dipak Misra. Justices J Chelameswar, Rajan Gogoi, Madan Lokur and Kurian Joseph said there is an immediate need to preserve the judiciary, else democracy will fail.

The judges said “certain things” at the apex court “aren’t in order”. And when they failed to convince the CJI, they had no option left but to address the nation.

Justice Gogoi said the “four of us are convinced democracy will not survive. We met the CJI this morning, with the specific request but we could not convince him. We had no choice but to communicate to the nation to take care of the institution. We place it before the people of the country”.

“About a couple of months ago, the four of us gave a signed letter to the CJI. We wanted a particular thing to be done in a particular manner. It was done, but in such a way that it raised further questions on the integrity of the institution. The same thing happened this morning. Justice Gogoi further said ‘we are discharging our duty to the nation by telling you what’s what’,” Justice Chelameswar told the media.

The trigger of the presser is believed to be the investigation into the death of CBI judge BH Loya.

“There is an issue of assignment of a case which is raised in that letter (to CJI),” Justice Gogoi said. When asked whether the case was about the suspicion being raised around judge Loya’s death, he said “yes”.

However, when asked whether the judges were demanding the impeachment of CJI Misra, Justice Chelameswar said let the nation decide if the CJI should be impeached.