Thursday, 23 November, 2017

Judges bribery case: SC reserves order on maintainability of plea

Supreme Court Through call recordings CBI hopes to nail med scam accused
Lucia Summers | 14 November, 2017, 10:32

During the hearing, the Bench questioned advocate Prashant Bhushan, appearing for petitioner Kamini Jaiswal, whether filing of two identically-worded petitions was not a matter of propriety and would it not tantamount to forum shopping if it is sought to be listed before a particular Bench.

In the M Nagraj order, the five judges had said that before giving reservations in promotions, the government will have to gather data pertaining to whether the category getting reservations is backward and their representations are not enough in the jobs.

Justice Chelameswar, who is the senior-most judge after the CJI, had termed the allegations leveled in a CBI FIR as "disturbing" and ordered setting up a bench of five top judges of the court on the petition filed by Jaiswal, who claimed that there were allegations against Justice Misra.

Bhushan contended that no direct allegations were made against the chief justice.

Two militants killed, cop wounded in Handwara
Earlier on November 10, terrorists opened fire on a police vehicle in Kulgam's Qazigund of Jammu and Kashmir. The militants are heard telling Ahmad not to approach the police and also warn him against joining politics.

Attorney General KK Venugopal observed that the court was facing a crisis that was brought about by the petitions.

"One of the three Judges hearing the case dealt with the matter, so he can't hear the case", Shanti Bhushan said. "The HC says municipal areas in the Supreme Court order means only areas in Punjab, and not in Chennai".

Hailing Justice Jasti Chelameswar's order - which was struck down by a five-judge bench led by the CJI on Friday - Shanti Bhushan argued the point that once a bench had deliberated on an issue and given its order, it was wrong for another bench to interfere with it. On November 10, a bench headed by the CJI Misra overturned this order and posted the petition for a fresh hearing before a bench of three judges. The case has been in the headlines after dramatic scenes witnessed in the apex court after the issue of alleged bribing of judges was raised. Observing that his actions had scandalised the court, the bench comprising Justices RK Agarwal, Arun Mishra and AM Khanwilkar reserved their judgement on maintainability of the petition that sought a court-monitored probe into the medical colleges scam, where judges were suspected of accepting bribes for a favourable outcome.

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