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MOP issue can not be heard in open court, says Supreme Court
11 November 2017, 01:03 | Colleen Roy
SC to hear today plea on 'bribes' being taken in judges' name
The court said the two petitions will be heard by an appropriate bench after two weeks and there will be no more hearing in the case till then.
Dave, while mentioning the matter for urgent listing, said, "This petition should be listed before a bench of Justice Chelameswar as it involves protection of the integrity of the institution". This led to the arrest of former Odisha High Court judge IM Quddusi and four others.
The new 7-judge bench was reduced to five members after justices A.K. Sikri and Ashok Bhushan recused themselves.
He said there are serious apprehensions and therefore this matter should be taken up at 12.45 PM today.
The entire matter is related to this Lucknow-based medical college only, which was denied permission to take fresh admissions by the UP government as it was not having the required infrastructure.
The commission would be headed by Justice P Venkatrama Reddi, retired Supreme Court court. The CBI had conducted searches at eight locations, including the residence of the Justice (retired) Quddusi before filing a case against him. Subsequently, this bench referred the matter to a larger five-judge Constitution bench.
Justice Chelameshwar's order on Thursday acknowledged this note, but the copy of the order that was later put up on the Supreme Court website did not include the text of the note itself, which was only revealed later.
The decision has triggered a volatile debate because Chief Justice Dipak Mishra has been asked by some petitioners to recuse himself from the case because he was involved in earlier hearings on the same case including as recently as last month.
"Getting orders by terrorism should not be tolerated by this court".
He said another similar plea was slated to come up for hearing before a bench headed by Justice A K Sikri today but Bhushan mentioned an identical plea yesterday and an order was passed for setting up of a five-judge bench to hear the case.
What happened in the Supreme Court on Friday morning?
However, in the post lunch session on Wednesday it surfaced that the matter that Justice Chelameswar had said he would hear was assigned to another bench by Chief Justice Dipak Misra.
Making it clear that they were not underestimating the seriousness of the matter, the court in its order said that let the appropriate order be passed to tag the petition by the NGO Campaign for Judicial Accountability and Reforms with the one by advocate Kamini Jaiswal, which was referred to a five-judge constitution bench on Thursday by the bench of Justice Chelameswar and Justice S Abdul Nazeer.
A proposal to set up a panel to look into the salary hike of judges of lower courts is likely to come up before the Union Cabinet on Friday, a senior functionary said. The bench also impleaded the Supreme Court Bar Association in the petition on the forum's request. Justice Chalameswar's order stating that the Constitution bench to deal with the cases should comprise of five senior-most judges was seen as a direction trespassing the authority of the Chief Justice, which was indirectly nullified. CJAR, in its petition says: "As it appears from the FIR lodged by the CBI, an attempt was being made to unduly influence the outcome of the petition which was pending before this Hon'ble Court".
The apex court had yesterday referred to the constitution bench, a plea alleging that bribes were being taken using the names of apex court judges, promising to secure favourable settlement of a case.
NASA's Halloween playlist will 'make your skin crawl'
In classic NASA fashion, the playlist also includes an explanation of what listeners are actually hearing in the sound clips. The eerie sound is similar to the emissions recorded on Earth during the aurora borealis in the northern hemisphere.