JC recommends LHC CJ's elevation to Supreme Court

Pauline Gross
January 21, 2018

In the past, the two petitions were being heard by the bench headed by Justice Arun Mishra.

Posting this case before Justice Arun Mishra's bench was apparently the trigger that had led the four senior-most judges to come out openly against the Chief Justice of India.

Counsel Varinder Sharma and Anita Shenoy had sought early listing of the two public interest petitions after Justice Arun Mishra, assigned the case last week, recused himself on Tuesday following differences among judges on the allocation.

According to the cause list put out by the Supreme Court, the case, which was earlier being heard by court number ten presided over by Justice Arun Mishra, will be heard by the chief justice's court.

With Justice, one of the four judges who rebelled against Chief Justice, away from the national capital, there was no apparent progress on Friday in finding a solution to the unprecedented crisis. They felt they were being sidelined and alleged that the situation in the Supreme Court was not in order, saying many "less than desirable" things had taken place in the past few months.

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While the four judges did not specify the cases, on being pointedly and repeatedly asked they confirmed that they had brought up the allocation of Judge Loya case with the chief justice.

While the BJP president was acquitted in the case on December 30, 2014, the two PILs filed by Congress spokesperson Tehseen Poonawalla and journalist Bandhuraj Sambhaji Lone argued that Loya's death on December 1, 2014 was not accidental.

The court said it will examine the plea once the petition is formally listed before it.

Meanwhile, a bench headed by the CJI Dipak Misra on Thursday refused to entertain a plea seeking to restrain the media from publishing, discussing and politicising the issues raised by the four judges. On Saturday, the case was scheduled to be heard on Monday by a Bench headed by the CJI. The CJI and judges are also aware that despite a roster system, there would always be room for a judge to be dissatisfied about the nature of the cases getting allocated to him/her and could still go ahead and hold a press conference airing grievances.

Other reports by GizPress

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