SC hear plea for probe into medical admission scam
Nov 11, 2017, 00:59
The matter will be heard by an appropriate bench after two weeks.
The constitution bench, which assembled urgently at 3 PM, made it clear that the CJI was the "master of the court" and had the sole prerogative to allocate matters.
The five-judge bench headed by the Chief Justice today observed that he alone can call a constitution bench because that is "the principle of law, judicial discipline and decorum of court". This led to the arrest of former Odisha High Court judge IM Quddusi and four others.
Two other judges, Justice AK Sikri and Justice Ashok Bhushan, recused themselves from the proceedings.
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". The CBI had conducted searches at eight locations, including the residence of the Justice (retired) Quddusi before filing a case against him.
"Hence, it becomes essential that this case is investigated under the supervision of a Special Investigation Team headed by a retired Chief Justice of this Hon'ble Court and that the investigation is not left to an agency fully controlled by the government i.e. the CBI which has lodged the FIR and now undertaking the investigation", the PIL demands.
In a good news for 21,000 judges of the lower courts, the Union Cabinet on Friday gave its nod to set up a commission to recommend hike in their salaries. On September 18, a bench of the Supreme Court headed by the Chief Justice denied it relief for 2017-18 and asked the Medical Council of India to reassess the college regarding its admission of students for 2018-19.
It begs the question as to why the note took two days to get to Justice Chelameswar's court?
The CJI also recalled an order passed by another bench seeking to hear the views of the government on setting up a national court of appeals, which would deal with appeals against high court decisions and leave the topcourt free to examine constitutional issues.
What happened in the Supreme Court on Friday morning?
However, the CJAR petition says that "these persons secured bail and no effort was made by the CBI to challenge their bail and nothing is known about the progress of the investigation".
Pleading ignorance about the second petition, Bhushan said that since the allegations were in respect of the matter heard by the bench headed by Chief Justice Misra, he should not have exercised his administrative and judicial authority.
It may be recalled that on October 12, a Division Bench of Supreme Court, headed by Justice Ranjan Gogoi and comprising Navin Sinha, had rejected an intervention petition filed by the Assam Pradesh Congress party challenging the Gauhati High Court order rejecting the validity of the Panchayat certificate issued as proof of citizenship for the objective of the updating of NRC.
The Bench ordered that the entire case-related material recovered by the CBI be handed over to the Supreme Court Registry in a sealed cover.
The Supreme Court today wondered how could two of its judges usurp the power of the Chief Justice of India to set up a bench, while some lawyers alleged that an NGO and an advocate were indulging in "forum shopping".
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