SC dismisses petition seeking probe in apex court judge matter

SC dismisses petition seeking probe in apex court judge matter

SC dismisses petition seeking probe in apex court judge matter

The dust seems to have settled, at least for now. It was of the opinion that Bhushan's conduct was contemptuous.

In the light of DC Saxena's case, prayer for recusal of CJI was also contemptuous. The court was refereeing to the unnecessary doubts that have been raised about the integrity of the top court.

"Is CBI trying to discredit the judiciary by foisting false cases on judges?"

The Supreme Court will pronounce its order on Tuesday on a petition seeking a SIT probe into allegations of graft against a retired Orissa High Court judge that has cast a shadow on the top court.

Justice Arun Mishra said, "Everyone is doubting the credibility of the Supreme Court". The petitioners, for their part, remained under the impression that their plea had been tagged and would be put up before the Constitution bench on November 13. "He has violated basic principle of natural justice, that you can't be judge in your own cause", he said. Court no. 2 understood the importance of the matter and agreed to grant urgent hearing.

The usual practice in the court was for lawyers to approach the CJI's bench for matters that required early intervention. "Damage that was supposed to be done, has already been done". Everyone is looking at the institution with suspicion.

"The impugned letter has impaired as well as tarnished the image and dignity of the highest court of the country in the estimation of the public at large", the High Court observed. "Do the judges become liable?" Minutes later, the notice was replaced with another, declaring that a five-judge bench would hear the petition.

Justice Mishra was referring to the heated exchange that took place in the tightly packed Court No. 1 on Friday, November 10, between Mr. Prashant Bhushan and CJI Dipak Misra.

"We are very much concerned with the conduct and the propriety of the person who insisted that the case be heard by the bench headed by Justice J. Chelameswar".

The war of words continued with justice Mishra responding, "No attempt to shield any individual". We reiterate that such an order can not be passed. Justice Chelameshwar's bench referred the matter to a five-judge bench comprising the five senior-most judges of the Supreme Court.

The court's observations in the instant case are also likely to impact the CJAR petition which is to be listed later in the month.

Attorney General KK Venugopal argued in his personal capacity.

Supreme Court of India. There is a crisis of confidence.

"It is per se contempt to say that judges are so amenable".

Justice Enayetur Rahim said, the letter is amenable to judicial review as it was issued by the office of the Appellate Division under its administrative capacity and therefore the rule is quiet maintainable.

Then, reportedly at Misra's behest, this decision was overturned, and the case was allocated to a different bench. Reportedly, the CJI's name is not there in the CBI FIR.

The bench also said that even though there were allegations against the CJI, it was he who has to assign the case to a bench as considered appropriate by him.

In a possible warning, justice Mishra said, "Mr Bhushan you are aggravating the situation".

It said "unfounded allegations" ought not to have been made against the system and that too against the CJI, and such pleas should not have been preferred in case the majesty of the judicial system has to survive.

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