Case BriefsSupreme Court

Supreme Court: Dismissing the petition seeking a writ of mandamus or any other writ or direction of similar nature to constitute a Special Investigation Team (SIT) headed by a retired Chief Justice of India to investigate in the matter of alleged conspiracy and payment of bribes for procuring favourable order in a matter relating to Medical admissions, the 3-judge bench of RK Agarwal, Arun Mishra and AM Khanwilkar, JJ imposed the cost of Rs. 25 lakhs on the petitioner i.e. Campaign for Judicial Accountability and Reforms (CJAR) represented by Advocate Prashant Bhushan and directed that the sum be deposited before the Registry of this Court within six weeks whereafter the said amount shall be transferred to Supreme Court Bar Association Advocates’ Welfare Fund.

Prashant Bhushan had submitted before the Court that the purpose of filing this petition is not to name any Judge of this Court but to protect the independence of the judiciary and in order to arrive at an impartial investigation, this Court may appoint a SIT headed by a retired Chief Justice of India. He had brought to the Court’s notice that in the FIR names of various persons have been mentioned as suspected accused along with other unknown public servants and private persons and that one does not know how many public and private persons are involved in it and the matter relates to huge gratification for inducing public servants in a matter pending before this Court.

Attoney General KK Venugopal, on the other hand, said that the present petition was an abuse of the process of court as the same bench had recently dismissed the petition filed on the same premise by advocate Kamini Jaiswal.

The Court, calling the petition wholly frivolous, contemptuous and unwarranted, said that the petition:

“aims at scandalizing the highest judicial system of the country, without any reasonable basis and filed in an irresponsible manner, that too by a body of persons professing to espouse the cause of accountability.”

The Court, hence, dismissed the petition with exemplary costs on CJAR in order to ensure that such attempt is not repeated in future. [Campaign for Judicial Accountability and Reforms v. Union of India,  2017 SCC OnLine SC 1406, decided on 01.12.2017]

Case BriefsSupreme Court

Supreme Court: The 3-judge bench of RK Agarwal, Arun Mishra and AM Khanwilkar, JJ reserved verdict on the petition filed by Campaign for Judicial Accountability and Reforms (CJAR) wherin it was alleged that attempts were made to bribe some Supreme Court Judges in the matters relating to Medical admission scam.

Earlier, the same bench had dismissed the petition filed by advocate Kamini Jaiswal stating that there was no question of registering any FIR against any sitting Judge of the High Court or of this Court as it is not permissible as per the law laid down by a 5-judge Constitution Bench in K. Veeraswami v. Union of India, (1991) 3 SCC 655 ,wherein this Court observed that in order to ensure the independence of the judiciary the apprehension that the Executive being largest litigant, it is likely to misuse the power to prosecute the Judges.

The bench was formed after the Court of CJI witnessed huge ruckus after, 09.11.2017, a 2-judge bench of J Chelameswar and S. Abdul Nazeer, JJ had said that the petition filed by Kamini Jaiswal be heard by the Constitution Bench of the first five Judges.

On 10.11.2017,  Dr. AK Sikri and Ashok Bhushan, JJ, in the present case, ordered that the matter be placed before the Chief Justice for passing appropriate orders for listing this matter. When the CJI took note of the issue, he, along with 4 other judges, recalled the 2-judge bench order in Kamini Jaiswal matter that had placed the matter before a Constitution bench of the first five judges of the Supreme Court. The 5-judge bench said:

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.”

The order will be pronounced on 01.12.2017. [Campaign for Judicial Accountability and Reforms v. Union of India, Writ Petition (Crl) No. 169/2017, order dated 27.11.2017]

Case BriefsSupreme Court

Supreme Court: Dismissing the petition filed by advocate Kamini Jaiswal wherin it was alleged that that attempts were made to bribe some Supreme Court Judges in the matters relating to Medical admission scam, the 3-judge bench of RK Agrawal, Arun Mishra and AM Khanwilkar, JJ held that there was no question of registering any FIR against any sitting Judge of the High Court or of this Court as it is not permissible as per the law laid down by a 5-judge Constitution Bench in K. Veeraswami v. Union of India, (1991) 3 SCC 655 ,wherein this Court observed that in order to ensure the independence of the judiciary the apprehension that the Executive being largest litigant, it is likely to misuse the power to prosecute the Judges.

Noticing that the FIR mentioned by the petitioner did not reflect the names of any of the Supreme Court judges, the bench said:

“The entire judicial system has been unnecessarily brought into disrepute for no good cause whatsoever. It passes comprehension how it was, that the petitioner presumed, that there is an FIR lodged against any public functionary.”

It was held that there cannot be registration of any FIR against a High Court Judge or Chief Justice of the High Court or the Supreme Court Judge without the consultation of the Hon’ble Chief Justice of India and, in case there is an allegation against Hon’ble Chief Justice of India, the decision has to be taken by the Hon’ble President, in accordance with the procedure prescribed in the said decision.

Upon the contention that a judicial order cannot be violated, and it could not have been rendered ineffective by the Constitution Bench decision of this Court dated 10.11.2017 and that by doing so the Chief Justice was being a judge in his own case, the bench relied upon the 3-judge bench decision in Dr. D C Saxena v. Chief Justice of India, (1996) 5 SCC 216, where it was held:

it was the duty of the Chief Justice to assign judicial work to brother Judges. By doing so, he did not become a Judge in his own cause. It is contempt to imply that the Chief Justice would assign it to a Bench which would not pass an order adverse to him.”

Regarding the contention that A.M. Khanwilkar, J. should have recused himself from the bench as he was a member of the Bench which disposed of the matter of Prasad Education Trust vide order dated 18.9.2017, the Court said that it was nothing but another attempt of forum hunting which cannot be permitted. The bench said:

“it is the duty of the Bench to take up such matter firmly; such unscrupulous allegations and insinuations cannot be allowed to be hurled by oral prayer made on behalf of the petitioner for recusal.”

To conclude, the bench said:

“Though it is true, that none of us is above law; no person in the higher echelons is above the law but, at the same time, it is the duty of both the Bar and the Bench, to protect the dignity of the entire judicial system.”

Coming down heavily upon the petitioner, who after arguing at length, at the end, submitted that she was not aiming at any individual, the Court said:

“If that was not so, unfounded allegations ought not to have been made against the system and that too against the Hon’ble Chief Justice of this country.”

Upon the question of unprecedented situation being created on 10.11.2017, the bench said:

“As Hon’ble Chief Justice of India had to assign it to a Bench, situation of dilemma was created for Hon’ble Chief Justice of India whether to assign the matter of CJAR to an appropriate Bench or to go by the judicial order by constituting a Bench of 5 senior Judges on 13.11.2017.”

The Court said that it deprecated the practice of forum hunting and that it cannot fall prey to such unscrupulous devices adopted by the litigants, so as to choose the Benches, as that is a real threat to very existence of the system itself and it would be denigrated in case we succumb to such pressure tactics. [Kamini Jaiswal v. Union of India, 2017 SCC OnLine SC 1322, decided on 14.11.2017]

Case BriefsSupreme Court

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: https://twitter.com/vikramhegde

Case BriefsSupreme Court

Supreme Court: Considering the seriousness and urgency of 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 said that the matter be heard by the Constitution Bench of the first five Judges and listed the matter on November 13, 2017.

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. The Court, hence, agreed to hear the matter and said:

“The FIR contained certain allegations which are disturbing. The allegations pertain to the functioning of this Court. On perusal of the FIR which was placed before us in the morning, we thought it necessary and proper to take up the matter immediately.”

As an interim measure, the Court directed that the case diary and all the related materials be kept in a sealed cover and produce the same before the Constitution Bench on Monday, the 13th November, 2017.

The controversy relates to de-registration of 46 medical colleges by Central Government for substandard facilities. In September, 2017, CBI arrested the former High Court judge on allegations of hatching a conspiracy to bribe public officials, including Supreme Court judges after Supreme debarred the colleges from admitting students for academic years 2017-18 and 2018-19. [Kamini Jaiswal v. Union of India, Writ Petition(s)(Criminal) No(s). 176/2017, order dated 09.11.2017]