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.

follow

editors' picks

November 11, 2017
Here's Where Trump is Apparently Staying in Beijing This Week
Trump visited the panda exhibit at the Beijing Zoo, then toured the Great Wall. The Trumps visited Japan and South Korea before landing in China.

November 11, 2017
Hazleton Area Students Honor Veterans With a Breakfast
That evening the Honor Guard will present colors at the Powell County Chamber banquet and awards in the Broken Arrow Steakhouse. Green St., C, one free-haircut certificate will be donated to a veteran locally. "That's why we do that during the school day".

November 11, 2017
Allahabad Bank Q2 net profit up at Rs. 70.20 crore
State Bank of India Chairman Rajnish Kumar on Thursday said that there is limited space for further easing of the lending rate. On a postive note, the bank's asset quality improved on sequential basis post decline in fresh slippages in the second quarter.

November 11, 2017
Supreme Court refuses to Ban release of "Padmavati"
The plea had alleged that the movie wrongly depicted Rani Padmavati in the movie and distorted and twisted historical facts. The film is scheduled to release on December 1 and stars Deepika Padukone , Ranveer Singh and Shahid Kapoor in the lead.

November 11, 2017
Royals' Eric Hosmer named American League's 2017 Louisville Silver Slugger Award victor
November 9: DH Nelson Cruz wins American League Silver Slugger award after hitting 39 home runs leading the league with 119 RBIs. Cruz led the Mariners in games, runs, home runs, RBIs, walks, on-base percentage, slugging, OPS and extra-base hits.

November 11, 2017
Jimmer Fredette, Stephon Marbury Get Into Heated Scuffle In China Game
He spent his first few seasons on the Minnesota Timberwolves , where he was supposed to be the Robin to Kevin Garnett's Batman. It was his second straight 50-point performance , and pushed his season average up over a whopping 40 points per game.

November 11, 2017
Mueller Investigating Flynn's Role in Alleged Plot to Deliver Cleric to Turkey
Turkish President Recep Tayyip Erdogan , who has long pressed the U.S. to extradite Gulen, considers the cleric a political enemy. On November 8, Flynn published an op-ed piece in The Hill that called Gulen "a shady Islamic mullah" and a "radical Islamist".

November 11, 2017
Google solved the problem burnable display Pixel 2 and Pixel 2 XL
And no one could have seen this coming with the success that was the first-generation Pixel devices. I was able to replicate the issue by blowing into the bottom speaker.

November 10, 2017
Tip: Transfer Games to Xbox One X Over Your Home Network
Will all Xbox One accessories and peripherals will work with the Xbox One X? When the console turns on, that same craft is clear. When you're ready to move to the Xbox One X , connect the device and apply the settings during the initial setup process.

November 10, 2017
Taylor Swift's Cats Can't Wait for 'Reputation' to Drop Either
We know y'all are closeted Taylor Swift stans (sic) after all. When it comes to fan theories, we thought we'd seen it all.