New Delhi: In an unprecedented move, Justice J. Chelameswar, second seniormost Judge of the Supreme Court, on Thursday entertained a PIL for a probe by a special investigation team into alleged medical admission scam involving a retired Orissa High Court Judge I.M. Quddusi.
The bench, which included Justice Abdul Nazeer, issued notice to the Centre and the Central Bureau of Investigation and referred the PIL for hearing by a-five-judge Constitution bench, comprising top five judges according to seniority.
The bench said the charges are not only serious but sensitive not only for judiciary but for the nation. It said the FIR contained certain allegations, which are disturbing.
The CBI arrested Justice Quddusi on September 21 for attempting to bribe judges to get permission for allegedly trying to fix apex court judges hearing the medical college admission case.
The bench directed the CBI to produce all the documents and materials collected during the investigation of an FIR registered in this regard in a sealed cover before the Constitution bench on November 13.
When senior counsel Dushyant Dave appearing for petitioner Ms Kamini Jaiswal submitted that the CJI Dipak Misra should not be part of the five-judge bench, Justice Chelameswar said it was upto the CJI to decide whether he wants to be part of the Bench or not.
This matter was taken up for hearing at 12.45 pm after it was mentioned in the morning at 10.30 am.
Mr Dave said the allegations about fixing of judges through illegal gratification is too serious a charge to permit the CBI and Centre to use it for arm twisting of the judiciary.
On coming to know that the matter was to be heard by Justice Chelamesar, the CJI who was in the midst of hearing of the Delhi government case, retired to the Chamber around 12 noon and proceedings could not continue till 1 pm.
