On Tuesday, Supreme Court variously described efforts and conduct of the Advocate Kamini Jaiswal and the lawyers of Campaign for Judicial Accountability and Reforms (CJAR) as “forum-shopping, contemptuous, unethical, derogatory” in medical college bribery case, and stopped short of instituting the contempt of court proceedings against them, mindful of “welfare of the great institution.”
Apex Court Bench comprising of Justice R.K. Agrawal, Justice Arun Mishra and Justice A.M. Khanwilkar expounded that,”Let us unite and work for welfare of the great institution”.
While stopping short of instituting he Contempt of Court proceedings, Supreme Court stated that clear it did not want to aggravate matters for sake of the institution.
Justice Arun Mishra, while pronouncing the judgment for the Bench, enunciated that,”We have observed that we are not above the law. However high, we are not above the law. But everything should be done as a process”.
SC Bench stated that,”The petitions have triggered a turn of affairs that have damaged the institution. Unnecessary doubt was raised about integrity of this great institution”.
Justice Mishra further added that decision of Constitution Bench on November 10 that only CJI has the authority to constitute Benches in the Supreme Court is a binding decision.
Apex Court’s Judgment further states that CBI’s FIR in Medical College case was not against any sitting judge. SC Bench further quoted K. Veeraswami judgment to specify that no FIR can be registered against a High Court or Supreme Court judge without the prior sanction from President of India.
Bench expounded that the filing of the multiple petitions on same issue and not informing Justice J. Chelameswar’s Bench that earlier CJAR petition was already listed for hearing before another Bench was unethical. Such “forum shopping” is contemptuous.
Constitution Bench of Apex Court had listed the petition filed by CJAR for hearing after the two weeks.
Both petitions had sought a Special Investigation Team probe into the conspiracy to bribe the Supreme Court judges for a favourable outcome in case of the debarred private medical college. Ms. Jaiswal’s petition draws its facts from an FIR registered by CBI in the case.
On Monday, Justice Arun Mishra has made oral observation that, “Allegations levelled against CJI Dipak Misra are “scurrilous and per se contemptuous”, while hearing the petitions by Campaign for Judicial Accountability and Reforms (CJAR) and Advocate Kamini Jaiswal in the medical college bribery case. He had further stated that,”These petitions have caused damage to Court.
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Source - ptinews.com