Case involving ED officer was listed to be heard by Justice Chelameswar, but was shifted to CJI Dipak Misra’s court through supplementary listing.
New Delhi: Chief Justice of India (CJI) Dipak Misra and the second most senior judge of the apex court,Justice Jasti Chelameswar, are tied in yet another clash on the listing of cases.
A key case linked to the 2G spectrum allocation scandal, which was being heard by Chelameswar, has now been shifted to the CJI’s court.
The case involves Enforcement Directorate officer Rajeshwar Singh, who has been investigating the Aircel-Maxis case in the 2G spectrum allocation, as well as the Sebi-Sahara case.
It was filed by the Centre for Public Interest Litigation, a non-profit organisation led by senior advocate Prashant Bhushan, who is also the lead counsel for the petitioner. The case is based on anonymous complaints against Singh that have been filed with the government. The details of the complaints have not been made public.
The case was listed before a bench of Chelameswar for hearing at 2 pm Monday. But the supplementary listing of cases shifted the case to the CJI’s court.
The case had been last heard by justices Chelameswar and Abdul Nazeer on 1 November. The bench had restrained the government from initiating any action against Singh.
It was mentioned again for urgent hearing on 6 November before the CJI. “List the matter on 13 November 2017 before the appropriate bench as per the roster,” the order noted. But the “appropriate bench” changed Monday.
This comes just two days after the CJI negated Chelameswar’s order setting up a bench to probe allegations that attempts were made to influence the outcome of a case that was heard by the CJI.
A constitution bench set up on 10 November had reiterated that as the administrative head of the court, only the CJI can set up benches and allocate cases to judges. The constitution bench recalled an order passed by justices Chelameswar and Nazeer to refer the controversial case to a constitution bench of the five senior-most judges of the court, and instead sent the case to a three-judge bench it picked.
Incidentally, Bhushan is also the lawyer at the centre of this Supreme Court crisis which involves corruption allegations against the higher judiciary.
Also read: Judges bribery’ allegations: SC to take a call on petition Tuesday
AS THERE ARE RE VISITING OF CERTAIN SC JUDGEMENTS ON ANVIL THERE COULD BE ALSO ONE REVIEW OF JUDGES APPOINTMENT CASE. I FEEL IT WAS ONSLAUGHT ON OUR PARLIAMENTS POWER. Historically and Constitutionally judiciary is a wing of the Executive and balance of power between the organs created by the Constitution should be maintained .
Mr Mishra is is degrading the post of Chief Justice of India by his action .