The petition in the Supreme Court relating to allegations of attempt to bribe Supreme Court judges in cases related to opening of medical colleges has raised a number of questions..But before that there are a few procedural aspects that needed clarity in light of yesterday’s chain of events..It all started when Senior Advocate Dushyant Dave mentioned a petition filed by Kamini Jaiswal before Justice J Chelameswar. Noting that the petition contained serious allegations against judges, Chelameswar J agreed to hear the plea later that afternoon..Then, at around 1 pm, a Bench of Justices Chelameswar and S Abdul Nazeer saw it fit to refer the matter to a Constitution Bench of the five senior most judges of the apex court. Just before this, Chief Justice of India Dipak Misra, who was heading a Constitution Bench, rose at around 12 pm..In the order passed yesterday, Chelameswar J also made note of a letter sent by the Registry, and directed that the same be annexed to the order..And now, we can reveal what exactly that letter dated November 6 says..“As directed, this note is submitted seeking Your Lordship’s direction regarding listing of the matters which after oral mentioning are required to be listed on the same day..Respectfully, it is submitted that oral mentioning is done before the Hon’ble Chief Justice of India. In case Hon’ble Chief Justice of India is sitting in the Constitution Bench oral mentioning is permitted before the Court presided over by the next Hon’ble Senior Judge..In the recent past when Your Lordship has presided over a Constitution Bench, upon oral mentioning directions have been issued to list the matter(s) before the appropriate Bench on the same day. In some cases it was found that the Bench before which the matter was to be listed was unavailable an in some cases fresh directions were required to be sought from the Hon’ble Chief Justice of India. In these cases due to short time available for seeking directions from the Hon’ble Chief Justice of India as also due to prior appointments of the Hon’ble Chief Justice of India during the intervening period, it becomes difficult to seek directions..Your Lordship has been pleased to direct that in future whenever such directions are issued, matter(s) be listed before the Bench presided over by the Hon’ble Chief Justice of India at 3:00 pm or at such time as may be indicated by Your Lordship, on the same day or before such Bench as directed by he Hon’ble Chief Justice of India.”.The Registry has, therefore, sought the views of the Chief Justice on whether oral mentioning matters should be listed at 3:00 pm on the same day before a Bench presided by the CJI, in cases where the CJI is sitting on a Constitution Bench when oral mentioning happens..Read the letter:
The petition in the Supreme Court relating to allegations of attempt to bribe Supreme Court judges in cases related to opening of medical colleges has raised a number of questions..But before that there are a few procedural aspects that needed clarity in light of yesterday’s chain of events..It all started when Senior Advocate Dushyant Dave mentioned a petition filed by Kamini Jaiswal before Justice J Chelameswar. Noting that the petition contained serious allegations against judges, Chelameswar J agreed to hear the plea later that afternoon..Then, at around 1 pm, a Bench of Justices Chelameswar and S Abdul Nazeer saw it fit to refer the matter to a Constitution Bench of the five senior most judges of the apex court. Just before this, Chief Justice of India Dipak Misra, who was heading a Constitution Bench, rose at around 12 pm..In the order passed yesterday, Chelameswar J also made note of a letter sent by the Registry, and directed that the same be annexed to the order..And now, we can reveal what exactly that letter dated November 6 says..“As directed, this note is submitted seeking Your Lordship’s direction regarding listing of the matters which after oral mentioning are required to be listed on the same day..Respectfully, it is submitted that oral mentioning is done before the Hon’ble Chief Justice of India. In case Hon’ble Chief Justice of India is sitting in the Constitution Bench oral mentioning is permitted before the Court presided over by the next Hon’ble Senior Judge..In the recent past when Your Lordship has presided over a Constitution Bench, upon oral mentioning directions have been issued to list the matter(s) before the appropriate Bench on the same day. In some cases it was found that the Bench before which the matter was to be listed was unavailable an in some cases fresh directions were required to be sought from the Hon’ble Chief Justice of India. In these cases due to short time available for seeking directions from the Hon’ble Chief Justice of India as also due to prior appointments of the Hon’ble Chief Justice of India during the intervening period, it becomes difficult to seek directions..Your Lordship has been pleased to direct that in future whenever such directions are issued, matter(s) be listed before the Bench presided over by the Hon’ble Chief Justice of India at 3:00 pm or at such time as may be indicated by Your Lordship, on the same day or before such Bench as directed by he Hon’ble Chief Justice of India.”.The Registry has, therefore, sought the views of the Chief Justice on whether oral mentioning matters should be listed at 3:00 pm on the same day before a Bench presided by the CJI, in cases where the CJI is sitting on a Constitution Bench when oral mentioning happens..Read the letter:
