There was plenty of drama in the Supreme Court which is hearing the medical scam matter. In an unprecedented development, the Chief Justice of India constituted a five judge Bench to hear the case.
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.
Appearing for the petitioner, Prashant Bhushan questioned the latest order. He said such an order could not be passed as the medical scam case contained the name of the CJI. The Bench however shot back and asked, " can anyone file an FIR against the CJI?"
Bhushan and advocate Kamini Jaiswal however did not get support. They were outnumbered and out voiced by a battery of advocates who sought initiation of contempt proceedings. The lawyers wanted contempt proceedings initiated against Dushyant Dave, Bhushan and Jaiswal.
Bhushan walked out of the court hall amidst the chaos. Jaiswal however stayed on as the Bench passed the verdict.