Justice Arun Mishra, who wrote the judgment, said, “We do not find reflection of any name of the judge of this court in the FIR.
New Delhi: Stopping short of initiating contempt of court proceedings, the SC on Tuesday rejected a “derogatory, contemptuous and scandalous” petition that sought a probe by a SIT, in place of the on-going CBI inquiry, into allegations of bribery against judges of the apex court and high courts in a matter related to medical admissions.
“Let good sense prevail over the legal fraternity and amends be made as lot of uncalled for damage has been made to the great institution in which public reposes their faith,” said a three-judge bench, headed by Justice R.K. Agrawal, adding that in case majesty of the judicial system has to survive, such petitions should not be filed.
The SC rejected the petition filed by lawyer Kamini Jaiswal, making it clear that the CBI’s FIR in the medical admission case was not against any judge and neither was it possible to lodge such a complaint against a judge. During hearings on the maintainability of the petition, counsel appearing for Ms Jaiswal had virtually pointed an accusing finger at Chief Justice of India Dipak Misra and other apex court judges. Justice Arun Mishra, who wrote the judgment, said, “We do not find reflection of any name of the judge of this court in the FIR. There is no question of registering any FIR against any sitting judge of the high court or of this court as it is not permissible as per the law laid down by a Constitution Bench of this court in the case of K. Veeraswami versus Union of India.” The court said, “We find that filing of such a petition and the zest, with which it is pursued, has brought the entire system in the last few days to unrest.”
“An effort was made to create ripples in this court; serious and unwanted shadow of doubt has been created for no good reason whatsoever by way of filing the petition which was wholly scandalous and ought not to have been filed in such a method and manner. It is against the settled proposition of law,” said the bench, which also included Justice A.M. Kanwilkar.
The bench said, “The petition by Ms Jaiswal sought an independent investigation in a medical institute matter that could allegedly involve corruption at high levels of the judiciary, including the Supreme Court judges, who were hearing a particular matter of a medical institute. In this case, the Chief Justice Dipak Misra himself headed the said bench.”