Published: Sat, April 14, 2018
Worldwide | By Gretchen Simon

SC agrees to examine PIL on CJI's power to allocate cases,

SC agrees to examine PIL on CJI's power to allocate cases,

To this, Justice Sikri said, "We will retire, but you are a permanent fixture". Failure to discharge their duty by sitting over on the recommendations of the Collegium doing nothing, in administrative law, is abuse of power.

Pointing to "extremely disturbing trend" of listing matters "subjectively and selectively" only before certain benches, the PIL said the trend reflects "serious erosion of independence of the judiciary" by resorting to the method of "favoured listings".

In these circumstances, I am of the view that following the precedent in Justice Karnan's case, we should take u the matter on the judicial side in a Bench of first seven or more as you please.

On Justice Kurian Joseph's reported missive to fellow judges in the apex court on the problems in judiciary, Sibal said the "distinguished judge" had acted to ensure that the Supreme Court acts "collectively to protect its own independence".

The Executive (government) sitting over collegium recommendation and not saying anything, Justice Joseph said, sends a "wrong message which is loud and clear to all the judges down the line not to cause any displeasure to the Executive, lest they should suffer".

"I am more anxious about the irreparable injury that is being caused by the wrong message sent to the judges down the line".

"Today, we complete three months since we resolved to recommend senior advocate Indu Malhotra and Justice KM Joseph for appointment as judges of the Supreme Court". Dave then defended the November 9 order by a bench headed by Justice Chelameswar directing that a petition seeking probe into the medical admission scam in which the CBI had arrested former Orissa High Court judge I M Quddusi be placed before a Bench comprising five most senior judges.

Is not the present a more grievous situation?

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Khatri also dominated his division, starting his campaign with a technical superiority win over Alexios Kaouslidis of Cyprus. On April 13, our athletes will compete in Hockey , Table Tennis , Badminton , Wrestling, Squash and Athletics.

The lawyers said their objective was not to make personal allegations, adding: "Our concern is when Supreme Court Registry takes direction from the CJI for marking the case... power should be used correctly".

"We are not going to go into it".

In his PIL, Shanti Bhushan has stated that the "master of roster" can not be unguided and unbridled discretionary power, exercised arbitrarily by the CJI by hand-picking benches of select judges or by assigning cases to particular judges. He added: "I am more anxious about the irreparable injury that is being caused by the wrong message sent to judges down the line".

He noted that the CJI 's "personal efforts" to resolve the crisis had not proved fruitful.

Justice Joseph said if there is no normal delivery on completion of the gestation period, a caesarean operation is undertaken. Unless such a surgical intervention is made at the appropriate time, the child in the womb dies.

Mr Bhushan's counsel raised the issue of allocation of cases in the top court and said that matter was listed contrary to the rules of the Supreme Court.

The copy of the letter has been sent to other fellow judges.

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