Contemptuous but not initiating contempt, Supreme Court dismisses Kamini Jaiswal petition [Read Judgment]

The Supreme Court today deprecated the conduct of lawyers involved in filing a second petition in the Medical college bribery case (Prasad Education Trust case) terming it as ‘forum shopping’ and ‘contemptuous’.

A Bench of Justices RK Agarwal, Arun Mishra and AM Khanwilkar delivered the verdict in the petition by advocate Kamini Jaiswal.

The Court also held that the controversial FIR by CBI is not against any judge nor can an FIR be registered against a judge.

Besides, the Court also held that the CJI was competent to assign the matter to the current Bench.

Following are the takeaways from the judgement:

1. FIR is not against any judge nor can an FIR be registered against a judge without consultation with the CJI.
2. Filing a second petition and mentioning it was an attempt at forum shopping by lawyers. The acts of lawyers were contemptuous.
3. CJI was competent to assign the matter to this Bench. 
4. Seeking recusal of Justice AM Khanwilkar on this Bench was also an attempt at forum shopping. 
5. In the light of DC Saxena’s case, prayer for recusal of CJI was also contemptuous.
6. Great damage done to the institution by filing the second petition. Unnecessary doubt was raised against this great institution. 
7. Strongly deprecates conduct of lawyers involved. Refraining from initiating contempt. Let us work together for this great institution.

As a parting remark, Justice Arun Mishra said, “we are also not above the law“.

Prashant Bhushan spoke to the media outside the Supreme Court after the judgment was delivered.

He commented quoting Supreme Court judgment saying “…filing such a petition itself amounts to contempt according to my mind is an absurd solution”