Perplexed, says CJI over Rafale cases’ date mix-up

New Delhi: Chief Justice Ranjan Gogoi was left “perplexed” on Monday as a mysterious mix-up, allegedly by the court staff, prevented the Supreme Court from simultaneously taking up the review petition in Rafale case and the contempt petition against Congress president Rahul Gandhi for attributing his “chowkidar ki chor” remarks to the top court. Both the matters will now come up for hearing on May 10.

“We are little perplexed that the two cases are listed on two different dates when the order was that these matters will be heard together,” said a visibly upset CJI Gogoi.

The bench, also comprising Justices S K Kaul and K M Joseph, said it had made it clear on April 30 that both the matters would be heard together but despite that, the contempt petition was not listed for hearing along with the review pleas on Monday.

“This is the problem. There was order for listing both the matters together. We had dictated the order in an open court but it says one case on May 6 and other on May 10. How can this be done?” said the bench. After a brief hearing, the bench ordered that the review pleas and contempt petition against Mr Gandhi be listed together for hearing on May 10.

“The present matters and contempt petition (criminal)... Be listed together on May 10 at 2 pm,” the bench said.

The top court also asked parties in the cases to make an endeavour to complete the hearing on May 10 itself and directed them to file responses to replies of Union of India.

At the outset, advocate Prashant Bhushan, who is one of the petitioners in the case along with former Union ministers Yashwant Sinha and Arun Shourie, told the bench that there were three pleas before the court.

Mr Bhushan said besides the review plea there were two other applications, one, seeking perjury action against unknown government servants for allegedly misleading the court during the Rafale case hearing earlier and, the other, seeking production of documents.

“Where is the connected matter of contempt?” asked the bench, before expressing displeasure over the mix-up over the dates of the two related matters.

Senior advocate Vikas Singh, appearing for one of the petitioner lawyers, Vineet Dhandha, referred to the top court’s April 30 order and said the contempt petition was listed for hearing on May 10.

Mr Bhushan also informed the top court that the Centre is yet to file reply in a perjury petition filed by Mr Sinha, Mr Shourie and others.

Attorney-general K.K. Venugopal submitted that the government is yet to receive notice on that petition. The CJI then pointed out that the government had proceeded to file reply in the petition for producing documents, even without notice.