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Posted at: Nov 11, 2017, 9:18 PM; last updated: Nov 11, 2017, 9:30 PM (IST)

CJI sets up 3-judge bench to hear case that created storm in SC

CJI sets up 3-judge bench to hear case that created storm in SC
A special bench will hear the case on Monday.

Satya Prakash

Tribune News Service

New Delhi, November 11

A day after asserting his authority as “the master of the roster”, Chief Justice of India Dipak Misra on Saturday ordered listing of a PIL filed by advocate Kamini Jaiswal -- that created a storm in the Supreme Court – before a three-judge Special Bench headed by Justice RK Agrawal for Monday.

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The bench, which also includes Justice Arun Mishra and Justice AM Khanwilkar, will take up the petition seeking setting up of a Special Investigation Team (SIT) to probe allegations of bribe to procure judicial orders in medical college admissions case.

The three judges were also part of the five-judge Constitution Bench that on Friday reiterated supremacy of the CJI in setting up benches and assigning cases to them after a hearing that was marred by ugly spat between lawyer Prashant Bhushan and CJI Misra.

Bhushan had asked the CJI to recuse on the ground that there were allegations against him in connection with the case. The CJI had termed it as nonsense. The activist lawyer had left the court in a huff after he was repeatedly interrupted by officials of the Supreme Court Bar Association and the bench.

According to the supplementary list released by the top court Registry, the matter will be taken up at 3.30 pm by the Special Bench.

After Friday’s Constitution Bench verdict reiterating CJI’s supremacy as “the master of the roster” on the administrative side, the three-judge bench is likely to set aside or recall the order passed by a two-judge bench headed by Justice J Chelameswar referring Jaiswal’s petition to top five judges of the court.

On Saturday, the Supreme Court Registry put out a fresh circular that said mentioning of urgent cases could be done only before the CJI.

“It is hereby notified for the information of the Members of the Bar and the Parties appearing in person that henceforth oral mentioning, in respect of matters which have not already been assigned/listed before any other bench, will be allowed only before the Court presided over by Hon'ble the Chief Justice of India at 10.30 am,” read the circular uploaded on the court’s website.


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