Bench Of CJI Chandrachud, Justices Ajay Rastogi & Ravindra Bhat To Hear Chhattisgarh NAN Scam Matter

Amid objections raised regarding the listing of the Chhattisgarh NAN Scam matter before Justice MR Shah, Chief Justice of India DY Chandrachud on Monday said that a bench comprising himself, Justice Ajay Rastogi and Justice S Ravindra Bhat will hear the matter.

The State of Chhattisgarh had taken objection to the matter getting listed before a bench presided by Justice MR Shah after the retirement of Chief Justice of India UU Lalit (who was presiding the 3-judge bench which had been hearing the matter). The State put forth a plea that the matter should be listed before the benches of the other two remaining members of the previous bench - Justices Rastogi or Justice Bhat.

Last Friday (November 18), CJI Chandrachud, when the matter was mentioned before him, had said that as per the ordinary practice of the Court, the matter should be listed before the next available judges after the retirement of the presiding judge. CJI also said that he will verify with the Registry if there was any specific direction by his predecessor to assign the matter to Justice MR Shah's bench.

Today, when the matter was mentioned again, CJI clarified that though he had directed it to be listed before Justice Rastogi's bench, there was an earlier order to list it before Justice MR Shah's bench.  CJI also explained the circumstances under which he passed the order for listing the matter before Justice Rastogi's bench.

CJI told Senior Advocate Kapil Sibal(who represents the State of Chattisgahr), "When you mentioned it, all orders were mentioned in the mentioning slip except the last order of Justice MR Shah and Justice Hima Kohli. So earlier orders were by Justice Rastogi and Justice Ravindra Bhat. So I went by that on the second order(for listing before Justice Rastogi). Now there is an earlier order...when it came before Justice MR Shah, there was a direction to list it before Justice MR Shah. What I can do is this. Earlier, matter was heard by Chief Justice sitting with the two colleagues. I will direct that it be placed before me with the two colleagues".

Solicitor General of India Tushar Mehta suggested that instead of breaking up the benches of Justices Rastogi and Bhat, CJI's regular bench can hear the matter.

But CJI said that since the other judges are already conversant with the matter, it is appropriate to include them in the bench.

CJI said that he will list the matter for hearing at 2PM on a non-miscellaneous day.

Sibal informed that the matter is listed today before Justice MR Shah's bench. "We are embarrassed the matter is listed today before Court 5", Sibal said.

"In fact, this controversy should not have been raised", SG said.

The previous hearings in the case had created news after the ED made a serious allegation that the accused in the case were in touch with the Chief Minister and a High Court judge. Solicitor General of India Tushar Mehta had also handed over certain sealed cover documents to the bench led by CJI Lalit to corroborate the allegations. On October 20, the said bench could not hear the matter due to the paucity of time and directed for the listing of the matter on November 14 before the "appropriate bench".

On November 14, the matter was listed before a bench comprising Justices MR Shah and Hima Kohli. Senior Advocate Kapil Sibal, appearing for the State of Chattisgarh, raised an objection that the matter should be heard by benches led by either Justices Rastogi or Justice Bhat, who are the remaining members of the previous bench after the retirement of CJI Lalit. The matter was then adjourned to November 21.