Supreme Court rejects plea seeking transparent case allocation process

CJI Will Decide Allocation of Cases, Constitution of Benches: Supreme Court Junks PIL

Supreme Court dismisses plea challenging procedure of allotment of cases by CJI

Bennie Garza | 11 April, 2018, 10:52

A day after the Supreme Court's number two judge, Justice Jasti Chelameswar, attacked the Chief Justice of India's discretionary powers to constitute Benches and allocate cases, a three-judge Bench led by Chief Justice of India Dipak Misra on Monday made a decision to pass judicial orders on a petition calling for a transparent and codified procedure for constitution of Benches and allocation of cases in the court.

The petition further demanded that the Constitution Bench of the Supreme Court should consist of five senior-most judges - the CJI, Justices Chelameswar, Gogoi, Madan B. Lokur and Kurian Joseph - or a combination of the three senior-most and two junior-most judges.

Calling the petition scandalous, the court said that the CJI is the highest authority in the court and can not be distrusted, reported NDTV.

The petition was heard by Chief Justice Dipak Mishra, Justice A M Khanwilkar and Justice D Y Chandrachud. "CJI is the head of institution, authority vested with him is to ensure smooth administrative and judicial functioning of the court", it said. "The convention of recognising that CJI is the master of roster and assigns cases to different benches is for disciplined and efficient transaction of court business and not a recognition of superior authority", they had said in the letter.

In his PIL, he said that the authority of Chief Justice of India as a master of roster is not an "absolute, arbitrary, singular power" which may be exercised in his "sole discretion" and the CJI "must" exercise his authority in consultation with other senior judges who are also part of collegiums.

Justice Chandrachud, writing the judgment for the bench, referred to constitutional schemes and said "the Chief Justice of India is first among equals and has the authority to decide allocation of cases and setting up of benches". They also said they had issues with the assignment of the case to do with the mysterious death of Justice BH Loya, who was hearing the Sohrabuddin fake encounter case. "The Supreme Court is an independent safeguard for democracy".

The judges had alleged improper allocation of cases by the CJI.

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Supreme Court rejects plea seeking transparent case allocation process

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