April 22, 2018

SC refers plea on bribes taken in judges' name to Constitution bench

10 November 2017, 09:48 | Lena Norman

Supreme Court of India

Judicial appointments SC junks plea seeking Centre’s response on delay in memorandum of procedure

Though two years had elapsed the MoP is yet to be finalised and hence the recommendations made by the apex court collegium for appointment of the four Judges are void and could not be acted upon, he said and sought a direction in this regard. He has practiced law in Botswana and also was an academic Lecturer at the University of Botswana for several years before he was appointed a Judge of the High Court in Botswana in 2005.

Earlier, senior advocate Dushyant Dave, who represented petitioner and advocate Kamini Jaiswal, mentioned the matter before the two-judge bench at 10.30 am.

The Supreme Court on Thursday referred to a five-judge constitution bench a petition seeking SIT probe into a retired Orissa High Court judge's alleged involvement in a scam involving an Uttar Pradesh-based medical institution that has cast its shadow on the functioning of the top court. "This is not a matter to be taken up (for hearing) on judicial side". Citing the CBI FIR, he said Quddusi had allegedly assured the promoters of Prasad Institute of Medical Sciences, run by Prasad Education Trust, to "get their matter settled in the apex court through their contacts".

This 3-judge Bench of Chief Justice of India Dipak Misra and Justices AK Sikri and Amitava Roy today proceeded to order that "there was no need to proceed" with the matter, in light of the NJAC judgment.

Mr Dave said the allegations about fixing of judges through illegal gratification is too serious a charge to permit the CBI and Centre to use it for arm twisting of the judiciary.

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Almost an hour after bench headed by Justice Chelameswar, upon a mentioning by Dave, said that it will hear the matter at 12.45 PM, the hearing by the constitution bench headed by the Chief Justice was adjourned for 10 minutes and later lawyers present in the court room were told that the constitution bench would resume hearing at 2 p.m.

The Bench of Justices Goel and Lalit had scheduled the next hearing for November 14.

In its order, the judges also referred to a note received by the Bench from the Registry.

The bench also directed the CBI to submit all material and documents relevant to the investigation to the Supreme Court in sealed cover on November 13.

The NGO Campaign for Judicial Accountability and Reforms (CJAR) too had filed a petition on the matter on Wednesday and the bench headed by Justice Chelameswar had scheduled it for hearing Friday.

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