New Delhi,
\nThe Supreme Court on Tuesday dismissed a petition filed by advocate Kamini Jaiswal for a special investigation team (SIT) under the supervision of a retired Chief Justice of India to probe allegations of bribery to procure judicial orders in a medical college admissions case.<\/p>\n
\u201cNo judge can be held responsible for what may or has happened in the corridors, or for \u2018who purports to sell whom\u2019. The alleged actions of a retired judge of a High Court, allegedly assuring and promising a \u2018favourable\u2019 decision in the aforesaid circumstances of the case which was then pending before this court… begs the question, and we wonder, as to what favourable orders have been passed,\u201d a three-judge Bench of Justices RK Agrawal, Arun Mishra and AM Khanwilkar said.<\/p>\n
It said acts of advocates Kamini Jaiswal and Prashant Bhushan and senior advocate Dushyant Dave were contemptuous. However, it chose not to initiate contempt proceedings.<\/p>\n
Bhushan, who had objected to Chief Justice of India Dipak Misra being on the Constitution Bench that heard the issue on November 10, had demanded Justice Khanwilkar\u2019s recusal for the same reason.<\/p>\n
But the three-judge Bench said: \u201cAs a matter of fact, this controversy has been set at rest that even when there is an allegation against the CJI, it is he who has to assign the case to a Bench.\u201d<\/p>\n
\u201cIn our opinion, rather 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. This is simply deprecated and we find that it is another attempt to bring the system in disrepute, casting of unwarranted aspersions tantamounts to seriously jeopardising the independence of the judiciary,\u201d the Bench said.<\/p>\n
It indicted the lawyers, including Prashant Bhushan, for what it termed \u201cwholly unethical, unwarranted\u201d forum hunting as they knew that a petition was pending before a Bench headed by Justice AK Sikri and still filed a second similar petition and mentioned it before Justice J Chelameswar\u2019s Bench.<\/p>\n
\u201cThe submissions so raised, and averments so made, in this petition, and the entire scenario created by filing of two successive petitions, are really disturbing. The entire judicial system has been unnecessarily brought into disrepute for no good cause whatsoever,\u201d the Bench said.<\/p>\n
\u201cWe cannot fall prey to such unscrupulous devices adopted by the 37 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,\u201d it said. The verdict, authored by Justice Arun Mishra, sought to emphasise that the FIR didn\u2019t mention the names of any judges of the top court. \u201cThere cannot be any FIR even against the Civil Judge\/Munsif without permission of the Chief Justice of the court concerned; and rightly, FIR has not been registered against any sitting judge. Otherwise, on unfounded allegations, any honest judge to the core can be defamed, and reputation can be jeopardised,\u201d it noted.<\/p>\n
The Bench said, \u201cThough 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. We find that filing of such petitions and the zest with which it is pursued has brought the entire system to unrest.<\/p>\n
\u201cAn effort was made to create ripples in this court; serious and unwanted shadow of doubt has been created for no good reason whatsoever by way of filing the petition, which was wholly scandalous and ought not to have been filed in such a method and manner,\u201d it added.<\/p>\n
<\/p>\n","protected":false},"excerpt":{"rendered":"
New Delhi, The Supreme Court on Tuesday dismissed a petition filed by advocate Kamini Jaiswal for a special investigation team (SIT) under the supervision of a retired Chief Justice of India to probe allegations of bribery to procure judicial orders in a medical college admissions case. \u201cNo judge can be held responsible for what may […]<\/p>\n","protected":false},"author":1,"featured_media":10273,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"inline_featured_image":false,"footnotes":""},"categories":[312,315],"tags":[],"class_list":["post-10272","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-india","category-top-stories"],"_links":{"self":[{"href":"https:\/\/blastingskyhawk.com\/english\/wp-json\/wp\/v2\/posts\/10272","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/blastingskyhawk.com\/english\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/blastingskyhawk.com\/english\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/blastingskyhawk.com\/english\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/blastingskyhawk.com\/english\/wp-json\/wp\/v2\/comments?post=10272"}],"version-history":[{"count":1,"href":"https:\/\/blastingskyhawk.com\/english\/wp-json\/wp\/v2\/posts\/10272\/revisions"}],"predecessor-version":[{"id":10274,"href":"https:\/\/blastingskyhawk.com\/english\/wp-json\/wp\/v2\/posts\/10272\/revisions\/10274"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/blastingskyhawk.com\/english\/wp-json\/wp\/v2\/media\/10273"}],"wp:attachment":[{"href":"https:\/\/blastingskyhawk.com\/english\/wp-json\/wp\/v2\/media?parent=10272"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/blastingskyhawk.com\/english\/wp-json\/wp\/v2\/categories?post=10272"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/blastingskyhawk.com\/english\/wp-json\/wp\/v2\/tags?post=10272"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}