The order passed on Wednesday is contrary to one passed on October 27 by a two-judge bench which said "the issue can not linger on for an indefinite period".
"When the matter was mentioned on November 8 and directed to be listed a before an appropriate bench, then what was the need to file a second petition before Court number 2 yesterday". The five-judge bench which upturned Chief Justice Chelmeswar's order comprised of CJI Dipak Misra, Justices RK Agrawal, Arun Mishra, Amitava Roy and AM Khanwilkar.
The Chief Justice constituted a special five-judge bench which heard the case the same afternoon and, setting aside the order of Justice Chelameswar, said that only the Chief Justice could decide on the constitution of benches.
Earlier in the day, the bench of Justice Sikri and Justice Ashok Bhushan took exception to the manner in which the second petition by Jaiswal was filed, and was heard by the bench headed by Justice Chelameswar, asking Bhushan as to what was the urgency. "Strong action needs to be taken against any such attempt", SCBA members said while requesting the bench to initiate contempt proceedings in the matter.
"It can not be presumed if he (Bhushan) says that it (FIR) is against any judge of any court".
"Hence, it becomes essential that this case is investigated under the supervision of a Special Investigation Team headed by a retired Chief Justice of this Hon'ble Court and that the investigation is not left to an agency fully controlled by the government i.e. the CBI which has lodged the FIR and now undertaking the investigation", the PIL demands.
In their petition, A.N. Venugopala Gowda, a retired judge of the High Court, and S. Basavaraj and B.M. Arun, both advocates, have pointed out the difficulty faced by advocates, litigants and the existing 25 judges owing to delays in disposal of cases as 37 judge posts are vacant in the High Court.
Justice Chelameshwar's order on Thursday acknowledged this note, but the copy of the order that was later put up on the Supreme Court website did not include the text of the note itself, which was only revealed later.
Renowned Supreme Court lawyer Prashant Bhushan on Friday stormed out of a hearing in the apex court while yelling at the Chief Justice of India Justice Deepak Misra.
The college moved the Supreme Court against the government's order.
What happened in the court on Wednesday is also interesting.
Meanwhile, the petitions refer to a FIR registered by the CBI on 19 September where it alleged a criminal conspiracy by several people including one retired Judge of the Orissa High Court, Justice IM Quddusi and officers of the Prasad Education Trust, a trust running a medical college, to bribe and influence judges of the High Court and Supreme Court and secure favourable orders for the recognition of a medical college run by the trust, whose recognition had been denied by the Medical Council of India.
The CBI had recovered Rs 1 cr from Agrawala during a raid conducted in Delhi.
Though two years had elapsed the MoP is yet to be finalised and hence the recommendations made by the apex court collegium for appointment of the four Judges are void and could not be acted upon, he said and sought a direction in this regard.
The constitution bench also made it clear that the pleas regarding alleged bribes taken in the names of judges would be taken up by an appropriate bench after two weeks.
"These matters can not be heard on the judicial side", Misra said, dismissing a petition on which the order was passed.
"Have you ever seen a two-judge bench directing that a bench will be constituted like this?"
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