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Supreme Court collegium clears Bhayana’s name
Tribune News Service

New Delhi, February 8
The Supreme Court collegium has sent back the case of Delhi High Court Judge S.L. Bhayana with approval to confirm him as permanent judge by giving clarifications as sought by President A P J Abdul Kalam, who had returned his file to the government.

The collegium’s fresh recommendation, with reasoning had been received by the Law Ministry, which is expected to send it to the Prime Minister soon for placing before the President again for final order, sources said.

Mr Justice Bhayana, who had acquitted all accused in the Jessica Lall murder case, including key accused Manu Sharma, when he was Additional Sessions Judge in February last year, was in the centre of controversy following a high court Bench, severely criticising him for his judgement exonerating the accused persons. Following media reports on the issue, the President had returned the file of his confirmation seeking more clarifications.

Mr Justice Bhayana was elevated to the high court as its Additional Judge soon after the judgement.

The collegium’s fresh recommendations came amid a recent judgement by the apex court, in which it had laid down that a judge could not be punished for erroneous or wrong judgement as a remedy has been laid down in the country’s judicial system to correct the mistakes at the level of the Supreme Court.

The court had said that if a judge was punished for any erroneous judgement, unless any material was placed on record about any “extraneous consideration” for this, it would result in an adverse effect on the judicial system itself.



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