Supreme Court disposes petition on framing of MoP for judges' appointments

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

The said petition was being heard by a bench headed by the present Chief Justice of India.

Making it clear that they were not underestimating the seriousness of the matter, the court in its order said that let the appropriate order be passed to tag the petition by the NGO Campaign for Judicial Accountability and Reforms with the one by advocate Kamini Jaiswal, which was referred to a five-judge constitution bench on Thursday by the bench of Justice Chelameswar and Justice S Abdul Nazeer.

"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. According to it, the No. 2 judge can not order the formation of a constitution bench.

The decision has triggered a volatile debate because Chief Justice Dipak Mishra has been asked by some petitioners to recuse himself from the case because he was involved in earlier hearings on the same case including as recently as last month. The lawyers also alleged forum shopping by the petitioners, reports say.

Under Chelameswar's order, the proposed constitution bench did not include justice Misra. "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..."

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 order came a day after the two-judge bench led by Justice Chelameswar, the senior-most judge after the Chief Justice of India, ordered the setting up of a five-judge bench to hear on Monday a corruption case involving former Orissa High Court judge, IM Quddusi.

Recalling the October 27 order, the court said that "as far as the other prayers are concerned, there was no necessity or need to proceed with the same." as it referred to top court judgments striking down the National Judicial Appointments Commission and later on the MOP framing.


The Supreme Court on Wednesday refused to entertain a PIL filed by a lawyer challenging the appointment of four judges to the apex court-justices A.M. Kanwilkar, D.Y. Chandrachud, M.M. Shantanagouder and L. Nageswara Rao in July 2016.

During the charged-up hearing, Suri also questioned the manner in which the petition was mentioned yesterday before a bench headed by Justice Chelameswar at 10.30 am and was taken up for hearing by the bench at 12.45 pm itself.

He said the contents of the petition filed before it was per se contemptuous.

Risking charges of contempt of court, Bhushan walked out of the court complaining that he had not been allowed to speak.

"Getting orders by terrorism should not be tolerated by this court". The CBI said Rs 2 crores was recovered during the raids. Snubbing Justice Chelameswa, CJI Misra said that he was the the master of the roster adding that judges could not assign matters to themselves.

The names of the college's trustees B P Yadav and Palash Yadav is also there in the FIR lodged by the CBI.

CJAR's petition claims that the government could use the investigations to undermine the independence of the judiciary.

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