The Court number 1 of the Supreme Court witnessed a high voltage drama when a 7-judge bench headed by the Chief Justice of India, Justice Dipak Misra, assembled for reviewing the 2-judge bench order calling for constitution of a Constitution Bench of the first five judges of the Supreme Court to hear the matter wherein it was alleged that attempts were made to bribe some Supreme Court Judges in the matters relating to Medical admission scam. The bench of J Chelameswar and S. Abdul Nazeer, JJ given the said order on 09.11.2017 and had listed the matter on November 13, 2017.

As per the petition filed by advocate Kamini Jaiswal highlighted that a case was registered by the Central Bureau of Investigation against Retired Orissa High Court Judge, Justice IM Quddusi containing serious allegations implicating the said Judge under Section 8 and Section 120-B of the Prevention of Corruption Act, 1988. Also, in another related matter mentioned before the bench of Dr. AK Sikri and Ashok Bhushan, JJ, Advocate Prashant Bhushan brought the order dated 09.11.2017 to the notice of the Court and hence, the Court ordered that the matter be placed before the Chief Justice for passing appropriate orders for listing this matter.

The 7-judge bench excluded Chelameswar, J, the senior most judge of the Supreme Court. Sikri and Bhushan, JJ also recused themselves from the bench and hence, the matter was then heard by a 5-judge bench of CJI along with RK Agrawal, Arun Mishra, Amitava Roy and AM Khanwilkar, JJ.

The order of the 5-judge bench read:

“There can be no doubt that the Chief Justice of India is the first amongst the equals, but definitely, he exercises certain administrative powers.”

The bench relied upon the decision of a three-Judge Bench in State of Rajasthan vs. Prakash Chand, (1998) 1 SCC 1, wherin it was held that the Chief Justice of the High Court is the master of the roster and there is no justification not to treat the Chief Justice of India, who is the Chief Justice of the Apex Court, to have the same power.

It was added:

“Needless to say, neither a two-Judge Bench nor a three-Judge Bench can allocate the matter to themselves or direct the composition for constitution of a Bench. To elaborate, there cannot be any direction to the Chief Justice of India as to who shall be sitting on the Bench or who shall take up the matter as that touches the composition of the Bench. We reiterate such an order cannot be passed. It is not countenanced in law and not permissible.”

Amitava Roy, J, said:

“You are supporting the cause of accusing a sitting Chief Justice on his face!”

Advocate Kamini Jaiswal, who filed the petition before the Court said that in the last one month, the CJI has taken up 6 matters that were before other benches.

To this, CJI responded:

“Yes! That is my prerogative. The MoP matter ought not to have been heard on the judicial side.”

Responding to the demands of certain advocates who said that the proceeding of the matter must be carried in camera and press should not be allowed to print it, CJI said:

“All of us collectively believe in freedom of speech as long as it is within limits. But I am always of the view that Freedom of Expression must be respected. I will not restrain the press.”

CJI, hence, directed that the matter be placed before him for forming an appropriate bench. The matter is now listed after 2 weeks. [Campaign for Judicial Accountability and Reforms v. Union of India, 2017 SCC OnLine SC 1302, order dated 10.11.2017]

With inputs from:

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One comment

  • Indian Judicial system is mafia type system and a very clever scam operated in the name of law by some very cunning people disguising as lawyers, judges and court helpers. The biggest power of this scam is that it is running in the name of judiciary and law protection. In reality this system is a money extortion system in which the innocents have to wait for years and mostly decades to get a single decision and after spending very big chunk of their precious life savings. The lawyers and judges treat this judicial system as their personal shops and businesses and make sure that their customers keep coming back again and again for years or decades and always keep the decision pending deliberately, because if once the law is served and decision is made they lose their precious income and the revenues coming from their valuable customers.
    The most saddening face of this scam is where the lawyers and judges treat the criminals as their precious agents who brought their valuable customers to their shops, the courts. Had the criminal not committed the crime, their shops would have remained empty ! So they make fully sure that their agents, the criminals are always protected and led free on bail or otherwise as soon as possible because the criminal was the only one who brought their customers to their shops that is clients to courts and a free criminal would bring more customers to their shops. So this judicial system does exactly opposite to what it was created for and protects the criminals. They want more free criminals in the society because more crimes committed means more revenue to their shops that is courts.
    So these lawyers and judges cunningly keep the scales balanced in favour of both the parties and all the court makes sure no decision is ever made. Even the simple logical decisions take years to be made. Lawyers fight and debate in the courts to convince their customers and later in their chambers sit together, laugh at their show off fights in courts and together prepare petty ways to prolong the cases as both their customers are their source of income.
    This scam has now reached to such extent that this has become a disease. The goddess of law is raped every day by these rapists and all the civil society keeps smiling.
    Its time a cure to such a disease is given or else one day the almighty god himself will be standing in que in one of these courts waiting years for his judgement and watching goddess of justice blinded and raped.

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