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No FIR On Judges: SC

No FIR On Judges: SC

No  FIR  On  Judges: SC
November 14
15:17 2017

Gooogle News Team |

“There cannot be registration of any FIR against a High Court Judge or Chief Justice of the High Court or the Supreme Court Judge without the consultation of the Hon’ble Chief Justice of India and that independence of judiciary cannot be left at the mercy of the CBI or that of the police is a red herring.”

IM Qudussi, the retired Orissa High Court Judge was arrested in a bribery scam and an FIR was lodged by the Central Bureau Of Investigation. ‘Quddusi allegedly used his influence to help Uttar Pradesh-based Prasad Education Trust in SETTLING a matter involving their plea to set up medical colleges pending in the Supreme Court,’ the FIR said.

One of the 46 medical colleges are owned by the trust which is barred by the central government from admitting students. The bail was granted to the accused but that was not questioned by the CBI. A Public Interest Litigation was further filed by two parties in the Supreme Court seeking the constitution of an SIT to investigate the allegations, with a retired judge monitoring the same.

Justices J Chelameshwar and Abdul Nazeer comprising the Supreme Court bench referred the Public Interest Litigation, in the matter, to a five-judge bench, scheduled to conduct a hearing on Monday. Another Supreme court bench comprising the current CJI Deepak Misra, pronounced the order by Justice J Chelameswar null and void on thsi friday making the turn more interesting. The matter was then heard by a three judge bench comprising of Justices A K Agarwal, A M Khanwilkar and Arun Mishra, where the petitioners refused to argue on the merits of the case, citing the presence of Justice AM Khanwilkar on the Bench, since he was one of the judges who had heard the controversial medical college case. More drama unfolded as the matter was being heard by the bench and they raised questions on propriety and “forum shopping” by the petitioners.

Finally the judgement by Supreme Court followed as below:
“There cannot be registration of any FIR against a High Court Judge or Chief Justice of the High Court or the Supreme Court Judge without the consultation of the Hon’ble Chief Justice of India and that independence of judiciary cannot be left at the mercy of the CBI or that of the police is a red herring.”

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