Insta
Bizarre: SC Overturns Its Own Order On Probing Cases Of Bribery In Judiciary, From Yesterday
Swarajya Staff
Nov 10, 2017, 08:48 PM | Updated 08:48 PM IST
Save & read from anywhere!
Bookmark stories for easy access on any device or the Swarajya app.
A five-judge Constitution Bench of the Supreme Court today (10 November) overturned an order of a two-judge bench to set up a larger bench to hear a matter of alleged bribes taken in the name of judges, saying the Chief Justice of India (CJI) was the "master of the court" and had the sole prerogative to allocate matters.
A five-judge Constitution Bench headed by Chief Justice Dipak Misra, which assembled urgently at 3 pm, said neither a two-judge, nor a three-judge bench can direct the CJI to constitute a specific bench.
The bench, also comprising Justices R K Agrawal, Arun Mishra, Amitava Roy and A M Khanwilkar, annuled yesterday's order of the bench of Justices J Chelameswar and S Abdul Nazeer directing the constitution of a bench of five senior- most judges of the apex court to hear the matter.
The larger bench today (10 November) took strong exception to the order passed by the two-judge bench and said no bench can take up a matter unless allocated by the CJI who "is the master of the court."
The CJI-headed bench said allocation of matters by the CJI was the principle of law, judicial discipline and the decorum of the court.
The CJI also refused to gag the media from reporting the case, saying "I believe in Freedom of Speech, Expression and the Press."
The CJI told advocate Prashant Bhushan, who appeared for NGO 'Campaign for Judicial Accountability' and advocate Kamini Jaiswal, that he has levelled "wild allegations" against him (Justice Misra) in a matter in which CBI had lodged a corruption case.
The bench also made it clear that the matter will be allocated before an appropriate bench for hearing after two weeks.
Bhushan then stormed out of the packed courtroom, saying he was not being allowed to speak in the matter.
Earlier in the day, the matter was listed before a bench of Justices A K Sikri and Ashok Bhushan, which had referred it before the five-judge bench as ordered yesterday (9 November) by a bench headed by Justice Chelameswar. PTI
Save & read from anywhere!
Bookmark stories for easy access on any device or the Swarajya app.
Introducing ElectionsHQ + 50 Ground Reports Project
The 2024 elections might seem easy to guess, but there are some important questions that shouldn't be missed.
Do freebies still sway voters? Do people prioritise infrastructure when voting? How will Punjab vote?
The answers to these questions provide great insights into where we, as a country, are headed in the years to come.
Swarajya is starting a project with an aim to do 50 solid ground stories and a smart commentary service on WhatsApp, a one-of-a-kind. We'd love your support during this election season.
Click below to contribute.