The Supreme Court on Tuesday dismissed a petition filed by advocate Kamini Jaiswal seeking a Special Investigation Team probe in the medical college bribery case as an effort to “create ripples” within the apex court by throwing scandalous allegations at Chief Justice of India Dipak Misra.
Noting that the identical petitions filed by Campaign for Judicial Accountability and Reforms (CJAR) and Ms. Jaiswal “seriously jeopardised the independence of the judiciary,” the three-judge Bench led by Justice R.K. Agrawal held that the conduct of the petitioners in the past week were both “unethical and unwarranted” and amounted to forum-hunting.
Justice Arun Mishra, after reading out excerpts from the judgment, orally informed the courtroom that no contempt action was contemplated against Ms. Jaiswal and her friends.
‘Let us unite’
“Let us unite and work for the welfare of the great institution,” Justice Mishra spoke for the Bench, which also included Justice A.M. Khanwilkar. “Let good sense prevail over the legal fraternity and amends be made as a lot of uncalled-for damage has been made to the great institution in which the public repose their faith,” the judgment said.
After a series of high-voltage hearings, one of them before a Constitution Bench on Friday, Justice Mishra said matter should not be aggravated any more.
“We have observed in the judgment that we are not above the law. However high, we are not above the law. But everything should be as process,” Justice Mishra orally observed.
The court indicated that it was leaning in favour of bringing a quietus to the issue, saying goodwill should prevail.
“We still expect and hope the matter will stop at this,” Justice Mishra said.
The 38-page judgment drew largely from past verdicts of the Supreme Court dealing with “scandalous allegations” against judges.
Though not directly accusing Ms. Jaiswal, Mr. Prashant Bhushan and others involved in the two petitions of contempt of court, the judgment makes repeated references to how past decisions had dealt with unfounded allegations against judges with an iron hand.
As carried in TH