PTI, NEW DELHI: The Supreme Court today decided to examine a PIL filed by former law minister Shanti Bhushan challenging the existing roster practice of allocation of cases by the Chief Justice of India (CJI).
A bench comprising Justices A K Sikri and Ashok Bhushan sought the assistance of Attorney General K K Venugopal and Additional Solicitor General Tushar Mehta in dealing with the PIL stating that the CJI cannot exercise arbitrary power in allocation of cases.
However, the bench took objection when Bhushan’s counsel made an attempt to bring to its notice the unprecedented January 12 press conference held by four of the court’s most senior judges — Justices J Chelameswar, Ranjan Gogoi, M B Lokur and Kurian Joseph — who had accused Chief Justice Dipak Misra of arbitrarily allocating cases.
“We are not going to go into it. We are not concerned with it for many reasons and obvious reasons. Don’t say all this,” the bench said.
The apex court will now hear the matter on April 27.
The bench said it has already held that the CJI is the ‘master of roster’.
The bench was referring to the apex court’s April 11 verdict, which said the Chief Justice of India is the “first among equals” and occupies a unique position with the “exclusive prerogative” to allocate cases and set up benches to hear cases.
At the outset, senior advocate Dushyant Dave, appearing for Shanti Bhushan, said the petition raises the substantial question of interpretation of constitutional provisions and also questions how matters are being listed in the apex court contrary to the Supreme Court Rules.
Dave claimed the CJI was exercising his power only in in exceptional matters but the apex court registry should be bound by its own rules.
“In democracy there is nothing called absolute discretion,” he said, questioning the manner in which some sensitive cases were assigned to particular benches in the top court.
