November 14, 2017
As we had reported earlier here that the Chief Justice had constituted a Three-Judge Bench to hear the medical college bribery case wherein Advocate Kamini Jaiswal and NGO “Campaign for Judicial Accountability” had sought SIT probe into allegations of corruption by higher judiciary in opening of a medical college. The PIL also indirectly accused Chief justice of India for charges of corruption in the matter.
In a latest development to the ruckus witnessed in last few days in the Supreme Court in the matter, the Three-Judge Bench today has dismissed the controversial Petition and remarked that allegations made against Chief Justice, Dipak Misra were “derogatory” and “contemptuous”.
The Bench’s order in the case inter alia stated that filing of multiple petitions on the same issue and not informing the Bench that the petition had already been listed for hearing before another Bench was unethical and prompted attempts of Forum Shopping. The Court also noted that petition had been instituted on the basis of unchecked facts. The Court in the case did not take any action against the Petitioners and observed that ‘goodwill shall prevail’.
With reference to lodging of FIR against sitting Judge of High Court and Supreme Court, the Court while referring to Supreme Court’s holding in the case of K. Veeraswami vs Union Of India [1991 SCR (3) 189] opined that no FIR can be lodged against a sitting Judge of High Court or Supreme Court without the prior consent of the President.