The Supreme Court on Friday took exception to the manner in which a second petition seeking a SIT probe into the alleged role of a retired Orissa High Court judge in a medical admission scam was filed, and was heard by another bench. The second petition was filed when the first petition with the same plea was listed before the bench headed by Justice A.K. Sikri. Taking exception to the manner the second petition was filed and entertained by the bench headed by Justice J. Chelameswar, the bench of Justice Sikri and Justice Ashok Bhushan asked advocate Prashant Bhushan as to what was the urgency.
Making it clear that they were not underestimating the seriousness of the matter, the court in its order said that let the appropriate order be passed to tag the petition by the NGO Campaign for Judicial Accountability and Reforms with the one by advocate Kamini Jaiswal, which was referred to a five-judges constitution bench on Thursday by the bench of Justice Chelameswar and Justice S. Abdul Nazeer. Pleading ignorance about the second petition that was filed by Kamini Jaiswal, Bhushan said that since the allegations were in respect of the matter heard by the bench headed by Chief Justice Dipak Misra, he should not have exercised his administrative and judicial authority.
Referring to the FIR filed by the CBI in the matter, Bhushan said, “Whole conspiracy was to bribe the bench hearing the (medical college) matter”. At this, Justice Sikri said that whether the Chief Justice should have dealt with the matter or stayed away should have been left to him. “The request that the Chief Justice should not deal with the matter should have been made to him. He should have decided,” said Justice Sikri.
Expressing its displeasure, the court on Friday allowed the Supreme Court Bar Association to implead itself in the matter before the five-judges bench.The matter relates to the CBI investigation into a Orissa High Court judge assuring a Lucknow-based medical college set up by a trust to get round the court order not to admit students for two academic years — 2017-2018 and 2018-2019.