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11 November 2017, 01:00 | Darnell Patrick
Supreme Court says can't revisit Memorandum of Procedure issue in open court
He also acceded to a request by the petitioner's lawyer that the Chief Justice not be part of the bench because he had heard the Prasad Education Trust case previously.
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 goal of the updating of NRC. This petition was first posted before a bench headed by Justice Chalameswar on November 10.
The judges and judicial officers of subordinate courts got the last pay hike in 2010, a three-fold jump, from their salaries decided in 1999. The Supreme Court had appointed a one-member committee under Justice E Padhmanabhan, a retired high court judge, who submitted his report in July 2009 recommending the three-fold hike. It also included criticism of that order, an exchange between the chief justice and lawyer Prashant Bhushan - with the latter asking the former to recuse himself from the case and the former refusing to do so, and a demand by a group of lawyers for a contempt petition against Bhushan for casting aspersions on the Chief Justice. The CBI had conducted searches at eight locations, including the residence of the Justice (retired) Quddusi before filing a case against him.
The bench said if the principle of law, judicial discipline and decorum of the court was not followed, there would be "anarchy" and "chaos" in the administration of justice as well as the functioning of the institution. The investigating agency said the group had colluded to bribe judges.
On Thursday, a bench headed by Justice J Chelameswar heard a petiton moved by advocate Kamini Jaiswal, which sought an independent Special Investigation Team monitored by the court to investigate the alleged scam.
Bhushan said he was more pained as on November 8, the Registry had informed him that the matter which was directed to be listed in Court number 2 itself stood transferred to another bench as there was a prior order of the CJI to that effect.
Justice Chelameshwar referred the case to a five-judge Constitution bench.
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He said there are serious apprehensions and therefore this matter should be taken up at 12.45 PM today. The two were accused of assuring the college representative of getting favourable orders from the top court.
Risking charges of contempt of court, Bhushan walked out of the court complaining that he had not been allowed to speak.
He said the contents of the petition filed before it was per se contemptuous.
Friday's order came a day after the two-judge bench headed by Justice Chelameswar, the senior-most judge after the Chief Justice, ordered the setting up of a five-judge constitution bench to hear on Monday a corruption case involving former Orissa High Court judge, I.M. Quddusi.
Both the petitioners also doubt the intentions of the CBI.
Pleading ignorance about the second petition that was filed by Kamini Jaiswal, Bhushan said that since the allegations were in respect of the matter heard by the bench headed by Chief Justice Dipak Misra, he should not have exercised his administrative and judicial authority. CJAR, in its petition says: "As it appears from the FIR lodged by the CBI, an attempt was being made to unduly influence the outcome of the petition which was pending before this Hon'ble Court".
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