Do not continue with ex-part CJI probe: Supreme Court judge to panel
NEW DELHI: Justice DY Chandrachud Has Written The In-House Committee's Three-Assessment Committee, Led By Justice SA Bobde, To Stop Investigating The Complaint Of A Dismissed Woman's Employee Against CJI Because The Complainant Chose Investigation On April 30.
Justice Chandrachud, Queuing To Become CJI After Justices Bobde, NV Ramana And UU Lalit, Took The Unprecedented Step To Advise The Internal Panel Of Justices Bobde, Indu Malhotra And Indira Banerjee After Deciding To Continue The Investigation Expart . The Commission Had Told The Complainant That The Procedure Would Continue If It Would Withdraw Halfway.
The SC Denied A Media Message On Sunday That Chandrachud And RF Nariman Had Met The Panel To Express Their Concerns About Ex-parte Procedures.
In A Letter Written On May 2, Chandrachud Declared That The Credibility Of The Institution Would Deteriorate If The Investigation Were Continued In The Absence Of The Complainant, According To Sources. He Also Suggested To The Panel That Offering A Lawyer To Help Her During The Investigation Would Do No Harm. The Complainant Had Insisted On Having Lawyer Vrinda Grover With Her During The Investigation Procedure.
The Secretary General Of The Supreme Court, Sanjeev Kalgaonkar, Published An Official Denial Of A Media Message That Stated That Justices Chandrachud And Nariman Met The Panel. It Is Very Unfortunate That A Leading Newspaper Has Chosen To Declare That Justice Nariman And Justice Chandrachud Met Justice Bobde Together On Friday Evening, That Is To Say On May 3, 2019. This Is Completely Incorrect. The Internal Commission, Which Deliberates On The Issue Of Chief Justice Of India, Deliberates On Its Own Initiative Without Any Input From A Supreme Court Judge.
TOI Contacted Many Incumbent Judges In The SC And The HCs, Who Expressed Their Concerns About Justice Chandrachud Who Wrote To The Internal Commission, Who Was Formed By Justice Bobde After CJI Gogoi Delegated All Administrative And Legal Powers To Set Up The Survey Panel .
Justice Bobde Was Also Authorized To Determine The Composition Of A Bank That Took Note Of The Lawyer Of Utsav Singh Bains ' Claimed That Fixers And Intermediaries Had Joined Together With Others To Scold The CJI.
The Court Has Since Ordered An Investigation By The Retired SC Judge AK Patnaik And Asked, IB And The Police Of Delhi To Provide Assistance To Him If And When It Is Sought. The Judges Who Were Contacted By TOI Considered That The Letter Of Justice Chandrachud ' It Existed To Interfere With The Independent Investigation Process. Can An SC Judge Write His Colleague About The Way His Colleague Should Act While Hearing A Case? Would This Not Affect The Legal System?" They Asked.
A Retired Judge Commissioner Said TOI:" Someone Had Written A Letter To Justice Chandrachud About The Way He Decided That The Petition Wanted Independent Investigation Of The Death Of Bailiff Loya Allegedly Under Suspected Circumstances Reused Despite The Lawyers - Senior Lawyer Dushyant Dave And Indira Jaising - Repeatedly Looking For His Recusal."
However, Several Judges Said That A Poor Precedent Had Been Created And That No Judge Could Now Object If A Colleague Judge, Lawyer, Or Litigating Party Wrote Asking How To Continue Hearing A Particular Case.
The Complainant Registered Her Statement To The Panel Two Days Prior To The Rejection Of The Investigation On The Ground That Her Lawyer Vrinda Grover Was Not Allowed To Participate In The Investigation As Her Lawyer. A Few Days Ago, Prashant Bhushan Advocate Had Told The Media That Together With His Father And Senior Lawyer Shanti Bhushan, Indira Jaising, Kamini Jaiswal And Grover, The Fired Female Worker Had Helped In Complaining Sexual Harassment Against CJI .
The Season Of Unprecedented Events In The Apex Court Began With The Press Conference Of January 12, 2018, When The Four Most Senior SC Judges Led By J Jelesameswar Attacked When CJI Dipak Misra, Complaining Against Allocation Of The Petition Looking For The Death Of Bailiff Bra Loya Allegedly Under Suspect Circumstances, To A Junior SC Judge. Since Then, The SC Has Been Startled By Controversies Such As CJI Misra's Removal Notice, Relocated By Congress, The Complaint About Sexual Harassment Against CJI Gogoi, The First Internal Panel Was Founded To Investigate A Complaint About Sexual Harassment Against A CJI And Now The Letter From A Judge To The Internal Panel While It Is Still In The Middle Of An Investigation.