Is the Supreme Court facing a dual crisis? Five questions and answers

Summary

The Supreme Court has objected to police detaining former chief justice Cholendra Shumsher Rana without a warrant, calling the move arbitrary and a threat to judicial independence. The incident has exposed deeper discontent over Chief Justice Manoj Kumar Sharma’s appointment, court functioning and internal factionalism.

Key Points
  • Police took former chief justice Cholendra Shumsher Rana into custody from his home and released him about 12 hours later, prompting an unprecedented reaction from the Supreme Court.
  • The government said Rana was moved because of a security threat, but it has not clearly explained who posed the threat or why the nighttime detention was necessary.
  • The full court said judicial personnel must be treated with sensitivity and pledged that justice would remain free from external and internal influence.
  • The episode has intensified internal tensions over Chief Justice Manoj Kumar Sharma’s appointment, the Constitutional Bench, judicial transfers and allegations of influence inside the court.
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