Corruption at top: Do Supreme Court judges take bribes?
Corruption at top: Do Supreme Court judges take bribes?
PTI file image
11 November, 2017, 01:00
The court said the two petitions will be heard by an appropriate bench after two weeks and there will be no more hearing in the case till then.
It may be recalled that on October 12, a Division Bench of Supreme Court, headed by Justice Ranjan Gogoi and comprising Navin Sinha, had rejected an intervention petition filed by the Assam Pradesh Congress party challenging the Gauhati High Court order rejecting the validity of the Panchayat certificate issued as proof of citizenship for the objective of the updating of NRC.
Bhushan dared the bench to issue a contempt notice to him and said the hearing can not be conducted in this manner without allowing him to speak. No eligibility criteria for the appointment of judges to the apex court are laid down till date, and in absence of the same, the elements of nepotism, favoritism and arbitrariness can not be ruled out. The petitioners wanted such a bench to exclude Chief Justice Dipak Misra, who had handled cases related to the Medical Council of India earlier this year. He also said that the allegations made by some lawyers against the Chief Justice should be treated as contempt of court. The CBI had conducted searches at eight locations, including the residence of the Justice (retired) Quddusi before filing a case against him.
Justice Arun Mishra, part of the special bench, took pot shots at Justice Chelameswar's order and asked: "Can a 2 judge bench refer a matter to particular 5-judge bench?"
Extending the same principle, the bench said Chief Justice of India is the "Master of Rolls" in the top court and any order passed by any bench assigning any matter to itself or directing the composition of benches won't be binding.
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Referring to the FIR filed by the CBI in the matter, Bhushan said, "Whole conspiracy was to bribe the bench hearing the (medical college) matter".
The twist in the proceedings in the case could potentially be controversial.
He said the contents of the petition filed before it was per se contemptuous.
Justice Chelameswar, who is the senior-most judge after the CJI, had ordered setting up of the five-judge bench of top judges of the apex court as a petition by an NGO and an advocate had claimed there were allegations against Justice Misra.
Bhushan left the court in a huff midway during the hearing, alleging that he was not being allowed to speak while the court has heard "all and sundry".
"Getting orders by terrorism should not be tolerated by this court".
He said there are serious apprehensions and therefore this matter should be taken up at 12.45 PM today. This led to the arrest of former Odisha High Court judge IM Quddusi and four others.
"CBI has raided and the case is lodged". The bench also impleaded the Supreme Court Bar Association in the petition on the forum's request.
Justice Arun Mishra referred to Bhushan's argument that the CJI should recuse from hearing the case and said, "Mr Bhushan, your comment was not appropriate".
Pleading ignorance about the second petition that was filed by Kamini Jaiswal, Bhushan said that since the allegations were in respect of the matter heard by the bench headed by Chief Justice Dipak Misra, he should not have exercised his administrative and judicial authority.
The Karni Sena has allegedly threatened to burn the theatres if the film is played in cinema halls before it is shown to them. The bench was hearing a plea filed by Siddharajsinh Mahavirsinh Chudasama and 11 others against the film.
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