'Pressure' on judges in Sahara case jolts legal eagles

Justice K.S. Radhakrishnan's revelation that he and his family have been under tremendous pressure in the Sahara case has jolted the legal fraternity and brought into the limelight the dark side of the controversial case.

Senior lawyer Majid Memon said, "Revelations by Justice K.S. Radhakrishnan to the members of the Bar at his farewell function that in a specific matter pending before the Bench pressure was brought to bear on him that resulted in strain to him and his family should have been avoided." Memon added, "More particularly when his brother Judge (J.S. Khehar), who continues to be on the Bench and may be part of the Bench which will take up the hearing further, would be embarrassed. However, litigants venturing to influence the highest courts is an extremely serious matter and needs to be dealt with firmly and promptly to sustain the faith of people in the administration of justice."

Senior advocate Dushyant Dave said, "It is the part of the job that they do. To take on the rich and powerful for Judges of the Supreme Court (SC) is not easy. They would do all tricks in their command to put pressure on the Judges. I don't think it is something new or extraordinary. It is been happening for a long time. I am sure Judges are made of steel and they can face these kind of challenges."

Radhakrishnan's Bench had upheld Roy's detention despite stiff objection from a battery of senior lawyers representing the Sahara chief - including Ram Jethmalani, Rajeev Dhavan, Arayama Sundaram and Abhishek Manu Singhvi.

Jethmalani and Dhawan had strongly argued that the Judges recuse themselves on allegations of "prejudice and bias" against their client.

"It is perhaps the first-of-its-kind accusation made by any lawyer to a learned SC Bench of forcefully asking them to recuse themselves," a senior Supreme Court lawyer told MAIL TODAY on the condition of anonymity. When contacted, Dhawan refused to comment on the issue.

On May 6, Roy had challenged the apex court's jurisdiction to detain him in jail for not refunding investors' money. The court had asked Roy to submit a fresh proposal if he wants bail.

The SC had lashed out at Roy saying there were attempts to put pressure on the Judiciary. Justice Kehar in the ruling had said, "Calculated psychological offensives and mind games for recusal of Judges by advocates should be repulsed."

MAIL TODAY had reported on Sunday that Justice Radhakrishnan had said, "We (Justice J. S. Khehar and I) were under immense pressure, tension and strain during the hearing of the case. The pressure also reflected on my wife and family members."

Friday was Justice Radhakrishnan's last working day as the court closed for summer vacations. The comment assumes significance as the matter is sub judice and will resume hearing after the court reopens on June 30 with another Judge in place of Radhakrishnan.

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