News Worms
News Worms


MOP issue can not be heard in open court, says Supreme Court

MOP issue can not be heard in open court, says Supreme Court

A two-judge bench can not refer a matter like this to a constitution bench.

NGO Campaign for Judicial Accountability and Reforms (CJAR) had on Thursday sought an independent probe by a special investigation team (SIT) into the allegations of judicial bribery and corruption in medical college admission cases. The five-judge bench which upturned Chief Justice Chelmeswar's order comprised of CJI Dipak Misra, Justices RK Agrawal, Arun Mishra, Amitava Roy and AM Khanwilkar.

The top court observed that whoever, how mighty he is, cannot evade law and said that justice will be delivered.A bench of Justices A K Sikri and Ashok Bhushan said nobody can undermine the importance of the case as the allegations are very serious and need consideration. "Strong action needs to be taken against any such attempt", SCBA members said while requesting the bench to initiate contempt proceedings in the matter.

Referring to the FIR filed by the CBI in the matter, Bhushan said, "Whole conspiracy was to bribe the bench hearing the (medical college) matter". Earlier, appearing for one of the three petitioners, senior counsel B.V. Acharya pointed out that it would take 10 to 20 years to clear all the 3.11 lakh pending cases even if the number of judges is increased to the full strength of 62, and this without adding a single new case. According to it, the No. 2 judge can not order the formation of a constitution bench. The CBI had conducted searches at eight locations, including the residence of the Justice (retired) Quddusi before filing a case against him.

The activist advocate was also rebuked by Justice Arun Mishra, who observed that FIR can not be lodged against sitting judicial officer of lower courts, judges of the higher judiciary, the Vice President of India or the President of India because they have immunity.

Justice Chelameshwar's order on Thursday acknowledged this note, but the copy of the order that was later put up on the Supreme Court website did not include the text of the note itself, which was only revealed later.

The college moved the Supreme Court against the government's order.

The court also issued notice to Centre and the CBI on the plea seeking setting up of SIT headed by ex-SC judge under its monitoring.

What happened in the court on Wednesday is also interesting. "The allegations pertain to the functioning of this court...having regard to the nature of the case, it is also necessary to make an interim order regarding the custody of the case diary and all the materials collected by the second respondent during the course of the investigation of the above-mentioned crime..."

Senior advocate Dushyant Dave had yesterday submitted that the medical admission matter, the genesis of CBI FIR, was being heard by the bench headed by Chief Justice Dipak Misra, and hence, he should not be involved with it either on the judicial or on the adminstrative side.

The apex court had yesterday referred to the constitution bench, a plea alleging that bribes were being taken using the names of apex court judges, promising to secure favourable settlement of a case.

Bhushan told CJI Misra, "FIR is lodged directly against you". Justice Chalameswar's order stating that the Constitution bench to deal with the cases should comprise of five senior-most judges was seen as a direction trespassing the authority of the Chief Justice, which was indirectly nullified.

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