The Tale Of Two Writ Petitions Filed In Supreme Court On Allegations Of Bribery In A Pending Case

Though the allegations of corruption involving members of judiciary were raised many times in recent past, this may be for the first time, a Bench of the Supreme Court took serious note of it and decided to consider it on judicial side by placing the matter before Constitution Bench.

On 19th September 2017, the CBI registered an FIR to the effect that a criminal conspiracy was hatched by several people including one retired Judge of the Orissa High Court, Justice I. M. Quddusi and officers of the Prasad Education Trust, to bribe and influence judges of the High Court and Supreme Court and secure favourable orders in the cases of this education trust pertaining to a recognition of a medical college run by them, whose recognition had been denied by the MCI citing many deficiencies. The FIR states that a middle man named Biswanath Agarwala from Orissa, was engaged with the purpose of influencing the Judges. Immediately After registration of the FIR raids were conducted and reports suggest that about 2 crores in cash was recovered from the conspirators and some of them were arrested including retd. Justice Qudussi. After that these persons secured bail and no effort was made by the CBI to challenge their bail and nothing is known about the progress of the investigation.

It is in these circumstances that Campaign for Judicial Accountability and Reforms (CJAR), filed a writ petition in this matter, seeking an independent, deep and thorough court monitored investigation in this case, by a SIT headed by a former Chief Justice of the Supreme Court. The reason for such an independent SIT for this investigation is because this matter involves direct allegations of corruption at the highest levels of the judiciary and therefore any investigation by an agency like the CBI controlled by the government, could compromise the independence of the judiciary.

After the writ petition was numbered, this case was mentioned for urgent listing before court number 2 yesterday (since this is the court where mentioning for urgent listing were being taken up and also because it would not be appropriate for the Chief Justice to deal with this matter in his judicial and administrative capacity in view of the fact that he had dealt with the case of Prasad Education Trust throughout on the judicial side). On mentioning J. Chelameswar’s bench ordered it to be listed before appropriate bench on Friday, 10th November. During lunch the petitioners counsel was informed by the Registry that in the light of an order by the Chief Justice this case is assigned to another bench.

Today a writ petition on similar issue, which was filed by Kamini Jaiswal was mentioned for listing before Court No.2 presided by Justice Chelameswar.Since the Chief Justice is leading the constitution bench, second senior most judge is assigned with powers for listing of matters.The bench of Justice Chelameswar and Justice Nazeer has passed an order directing that in view of the importance and sensitivity of the matter, this matter to be listed for hearing on Monday, 13th November, before a bench of the 5 senior most judges of the Supreme Court.  The Court has also ordered the material collected by the CBI be deposited before the registrar of the Supreme Court in a sealed cover and placed before a Constitution Bench on Monday when the matter comes up for hearing.

The bench was visibly upset about the allegations of corruptions and bribe taking in the name of judges and institution.