The Supreme Court bench of Justices J.Chelameswar and S.Abdul Nazeer, today referred a petition filed by advocate Kamini Jaiswal, seeking fair and independent investigation into the allegations of bribery to settle a pending case, to a Constitution bench of five senior-most Judges of the Supreme Court, to hear it on Monday,
Arguing on behalf of Jaiswal, senior counsel, Dushyant Dave, sought to focus attention on the trajectory of the orders in the case, to persuade the bench to pass appropriate orders. “There is allegation of huge gratification for inducing unknown public servants by corrupt means” Dave said, adding , the Central Bureau of Investigation (CBI) did not file an appeal against grant of bail to the accused. Has CBI filed a false case tarnishing the image of this institution, he asked.
When the bench, after some deliberation, decided to refer the matter to the Constitution bench, Dave said there are some extremely incriminating documents seized by the CBI, and there is need for interim protection. The bench then directed the Registry to obtain those documents and keep them in a sealed cover , to be submitted to the Constitution bench, on Monday.
When Dave submitted that the Chief Justice of India, Dipak Misra, should not be a part of the Constitution bench to hear this matter, because he had heard the pending matter, in which the allegations of bribery were made, Justice Chelameswar referred to his order saying the bench would comprise the first five Judges, leaving it ambiguous whether the CJI would be part of it, or whether it would be up to him to recuse himself or answer pleas for his recusal from the counsel.
Mr. Dushyant Dave, learned senior counsel makes submissions highlighting various aspects of the matter, the details of which we do not propose to make in this order. But, at the same time, we are also duty bound to place the developments that when the hearing of the matter was in progress, the Officer of the Registry placed a xerox copy of the proceedings purportedly issued by Hon'ble the Chief Justice of India, a copy of which is annexed to this Order.
Having regard to the totality of the circumstances, we deem it appropriate that this matter be heard by the Constitution Bench of the first five Judges in the order of seniority of this Court. Having regard to the importance of the matter, we also deem it appropriate that the matter be listed on Monday, the 13th November, 2017.
Read the Order Here