MoP row: CJI bench recalls 2-judge order

Supreme Court disposes petition on framing of MoP for higher judiciary appointments

Ten new judges appointed

The decision by the top court came in response to the plea by the Campaign for Judicial Accountability and Reforms that had sought setting up of a SIT to probe the role of judge I.M. Quddusi in enabling private medical colleges to admit students to MBBS courses despite the Supreme Court barring the institutes from doing so.

"There was no necessity to proceed in view of the Constitution bench judgment in 2016 Advocates On Record case (that laid down the procedure to appoint judges)...we don't intend to keep it pending", the bench responded.

There needs to be judicial discipline, the Constitution Bench agreed with the government law officer. Finally, it was left to Justice Sikri to warn him not to force the bench to resort to measures to evict him.

The commission would be headed by Justice P Venkatrama Reddi, retired Supreme Court court.

Meanwhile, Supreme Court Bar Association (SCBA) President and senior advocate R S Suri and Secretary Gaurav Bhatia said the SCBA wanted to be impleaded as a party in the matter.

Extending the same principle, the bench said Chief Justice of India is the "Master of Rolls" in the top court and any order passed by any bench assigning any matter to itself or directing the composition of benches won't be binding.

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The court proceedings were extraordinary in that the CJI was asking all kinds of lawyers who were not parties to say things against the order of Court 2, w/o hearing petitioner. "They file multiple petitions till they get favourable orders".

It directed the CBI to produce these documents in sealed cover before Constitution Bench on the coming Monday.

Senior advocate Dushyant Dave had on Thursday submitted that the medical admission matter, the genesis of CBI FIR, was being heard by the bench headed by Chief Justice Dipak Misra, and hence, he should not be involved with it either on the judicial or on the adminstrative side. As CJI told the petitioner that its dismissed as these are not matters to be decided on the judicially side, Mr. Luthra said he had a right to be heard before the matter was dismissed.

Chief Justice of India Dipak Misra, heading a five-judge Constitution Bench, overcame his "dilemma" and declared his dominance as the master of the roster in order to protect the Supreme Court from "anarchy" in a raucuous hearing marked by exchange of harsh words, heckling, brutal accusations of terrorising judges, forum-shopping and repeated warnings of contempt of court.

The order passed on Wednesday is contrary to one passed on October 27 by a bench of Justice Adarsh Kumar Goel and Justice Uday Umesh Lalit which said: "We need to consider the prayer that there should be no further delay in the finalisation of MOP in the larger public interest". You could have told me and if possible, I would have recused. The CBI had conducted searches at eight locations, including the residence of the Justice (retired) Quddusi before filing a case against him. He finally lost his cool and shouted at the Bench, "If you do not want to hear me before passing your order, then do whatever you want".

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