Can Chief Justice Assign Cases To Be Examined By Apex Court: Petition In Supreme court
New Delhi: A petition was filed challenging the Chief Justice of India’s authority of assigning cases and suggesting that the task needs to be handled by a collegium or panel of top judges. The petition will be examined by the Apex Court of India on April 27. The petition was filed by former law minister Shanti Bhushan suggests that the Chief Justice of India must not get absolute power as “master of roster”.
Justices AK Sikri and Ashok Bhushan had sought for the assistance of Attorney General KK Venugopal and Additional Solicitor General Tushar Mehta.
Four most senior judges after the Chief Justice called a press conference and slammed the way sensitive cases were being allocated. They put up the accusation that Chief Justice Dipak Misra was abusing his status as “master of roster”. Their main concern was around the case of Justice BH Loya who died in the year 2012 due to a cardiac arrest at a time when he was about to decide on charges against BJP President Amit Shah. The case was referred to a junior judge.
As of today, the judges objected to the petitioners raising of the unprecedented January 12 press conference by Justices Jasti Chelameswar, Ranjan Gogoi, MB Lokur and Kurian Joseph.
“We are not going to go into it. We are not concerned with it for many reasons and obvious reasons. Don’t say all this,” the judges said.
The bench also referred to its very recent verdicts, saying it has already held that the Chief Justice is the “master of roster”.
“If we go by your argument, then five judges have to sit every day to list cases. Almost one lakh cases are filed in a year,” Justice AK Sikri told Dushyant Dave, a lawyer for the petitioner.
Mr Dave said, “Five Judges can only list only sensitive cases concerning the country.” To which, the judges said, “Cases sensitive to you may not be sensitive to us. Where do we draw a line?”
On Thursday, Prashant Bhushan had questioned Justice J Chelameswar to take up his father’s petition but the country’s second most senior judge said he wouldn’t be able to do so as his order may be reversed. Mr Bhushan then went to the Chief Justice and asked him to do it.
On Wednesday, a group of three judges which included the Chief Justice dismissed a similar petition by a Lucknow-based lawyer, calling it “scandalous”. “The Chief Justice of India is the highest authority, and he can’t be distrusted,” said the judges.
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