Supreme Court Refuses To Hear Plea Against Ex-CJI Ranjan Gogoi; Calls Security To Drive Out Litigant After Agitated Hearing

The Supreme Court today declined to hear a man's plea against ex-Chief Justice of India and now Rajya Sabha MP Ranjan Gogoi, alleging that the judge "unwarrantedly" interfered with a judgement passed in his favor over illegal termination from service.A bench of Justices Bela M Trivedi and Satish Chandra Sharma passed the order, on hearing petitioner-Arun Hubilkar, who appeared in person. A heated exchange took place between the petitioner (who became an advocate post-filing of his writ petition in 2018) and Justice Trivedi, before the judge finally called upon the security to escort him out and dismissed the plea.Briefly stated, the matter was listed today for hearing of Hubilkar's challenge to Registrar's order under Order XV Rule V of the Supreme Court Rules refusing to accept his public interest litigation against ex-CJI Gogoi.Hubilkar appeared in person and claimed that his life had been made miserable by the Supreme Court and ex-CJI Gogoi's interference with the Bombay High Court judgment (which held in his favor). He submitted that the ex-CJI advised him to file a curative petition, but that was not an effective remedy, as there was no open-Court hearing and favorable orders are seldom passed in civil curative petitions.When the bench conveyed that his case had already been dismissed by the Court and he cannot repeatedly file review and/or other petitions raising the same issues, Hubilkar countered that he was not effectively heard and has been suffering immensely as a consequence of illegal termination for the past 8 years. Hubilkar also mentioned that pursuant to CJI DY Chandrachud's advice, he deleted ex-CJI Gogoi's name from the cause title and now the only remaining respondent was the company that "illegally terminated" his services. He emphasized that he wished to be reinstated with full back wages pending since last 26 years.Be that as it may, the bench was not convinced, considering that Hubilkar's case was dismissed in 2020 and review and curative petitions arising out of the same were also dismissed.Notably, before Hubilkar was driven out of the Court, he mentioned that when his PIL was listed for the first time in Covid phase, he was asked by the Court why he did not file for early hearing for 2 years; however, his application for early hearing was rejected by one SP Singh, during the tenure of ex-CJI Gogoi.Justice Trivedi responded to the same, saying, "we told you don't mention any names". Visibly upset, Hubilkar shot back, "mention kyu nahi karein? We can't mention Prime Minister's name...Indian judges...". At this point, he was escorted out of Court.Courtroom ExchangeJ Trivedi: You keep on filing review one after the other. We will dismiss this with cost!Hubilkar: Why should it cost me? I am suffering for past 8 years. Justice Gogoi unwarrantedly interfered in the judgment...my life has been made miserable because of unwarranted interference by this Hon'ble CourtJ Trivedi: Don't mention name of any judge!Hubilkar: My matter is 26 years old regarding illegal termination from service. I was a service engineer...Single Judge of Bombay High Court rightly heard me as workman under IDA Act and remanded... J Trivedi: Your petition was dismissed by this Court in 2020 and thereafter, you kept filing...Hubilkar: My fundamental right including right to fair trial was...J Trivedi: There is nothing in your caseHubilkar: Nothing but injustice to meJ Trivedi: It happensHubilkar: But I want justice before my death...relief of reinstatement with full back wages which is awaiting for past 25 yearsJ Trivedi: Leave it to destiny and do some good work. This is not the forumHubilkar: I have applied for revocation of the dismissal order. I was not heard at all. He advised me to file a curative petition and that was not the effective remedy because there is no open court hearing. And... the outcome of curative petition is very discouraging. In past 11 years, not a single civil curative petition was allowedJ Trivedi: SorryHubilkar: How come you say sorry? Don't take personally, this Court has made my life miserable, after the age of 66J Trivedi: You alone are responsible for what you areHubilkar: He has committed an offence under Section 219 IPC (Public servant in judicial proceeding corruptly making report, etc., contrary to law)J Trivedi: Don't compel us to take action against you!J Sharma: This is not the way. Shouting like this...making allegations against judgesHubilkar: I am not shouting...what is the problem for you to issue notice to the company?J Trivedi: Your review, curative, everything has been dismissed. You can't ask any question to the Court. Being an advocate, you must know that you can't ask any question to the CourtHubilkar: My case was fixed. It was a fix-for-cash. Advocate [...] had said at that time...J Trivedi: We are not sitting in appeal over order of co-ordinate bench. DismissedHubilkar: You are doing injustice to me. You want me to die in frustration? Law and evidence are on my side....

Supreme Court Refuses To Hear Plea Against Ex-CJI Ranjan Gogoi; Calls Security To Drive Out Litigant After Agitated Hearing

Debby Jain

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