CJI decides who hears case, even if charge is against him: SC
The Chief Justice is the authority to assign a matter to a Bench even if there were allegations against him. These observations were made by the Supreme Court while rejecting a plea by advocate Kamini Jaiswal in connection with the Lucknow medical scam.
On an earlier date of hearing there was plenty of drama in the court hall when in an unprecedented development, the CJI constituted a five judge Bench to hear the matter.
In doing so, the CJI overturned the ordered of a two judge Bench which had listed the matter before a five judge Bench earlier. The CJI held that the decision by the two judge bench is contrary to the law and annulled it.
It may be recalled that a two judge Bench headed by Justice Chelameswar had set up a five judge Bench to hear a petition in which an allegation of judge-middlemen nexus to favour medical colleges to admit students was made.
However another two judge Bench headed by Justice A K Sikri on Friday referred a similar petition to the CJI for listing before an appropriate Bench. The CJI said that he alone could constitute the Bench. The CJI is the master of the administrative side for listing cases and hence he alone can constitute such a Bench, Chief Justice of India, Dipak Misra observed.