The collegium system is an extremely sensitive one and requires the judiciary and the executive to place confidence in one another without airing views in public. What if the government of the day had gone public with the comments of the Chief Justice of the Gujarat High Court Bhaskar Bhattacharya that it was because he had opposed the appointment of former CJI Altamas Kabir’s sister to the Calcutta High Court bench when he was a member of that collegium that he was not elevated to the SC?

Bhattacharya had then written to Kabir: “When time came for the selection of Smt Shukla Kabir Sinha as a judge of the high court, I was pressured to agree to such a proposal as a member of the collegium, but I thought it would amount to committing rape of the Calcutta High Court, which was like my mother and if I didn’t raise any objections that would amount to closing my eyes while my mother was being raped.”

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