[《"It would be improper for the CJI to exert his power as master of roster to allocate a bench in this matter. It would hence be appropriate that this matter be placed before the three seniormost SC judges to obtain their instruction on how this petition is to be listed," he further said. ... Yet the rest of the petition referred to the CJI's 'questionable' manner of listing petitions before benches headed by 'select junior judges', including the petition seeking an independent probe into the death of judge B H Loya in 2014. According to the rebel judges led by Justice Chelameswar, allocation of the Loya petition initially to a bench headed by Justice Arun Mishra had triggered their unprecedented January 12 press conference and provided the platform for the subsequent move by Left parties and Congress to push for a removal motion against the Chief Justice.
While appearing to advocate that 'master of roster' duty by the CJI should mean involving the views of senior judges, the Bhushans listed 10 instances of alleged abuse of powers by the CJI to get matters of national importance listed before judges expected to give a favourable decision. The Bhushans also raised allegations against the CJI on the medical admission scam, petitions involving which were ordered to be listed by a two-judge bench headed by Justice Chelameswar before a constitution bench of the first five judges. A five-judge bench headed by the Chief Justice nullified the order while ruling the CJI alone was empowered to decide distribution of cases and benches' composition and no one else.》] https://timesofindia.indiatimes.com/india/bhushans-echo-bench-fixing-charge-against-cji-seek-changes/articleshow/63650371.cms Bhushans echo 'bench fixing' charge against CJI, seek changes Dhananjay Mahapatra | TNN | Updated: Apr 7, 2018, 04:15 IST NEW DELHI: Former law minister Shanti Bhushan and his advocate son Prashant Bhushan have filed a PIL in the Supreme Court echoing the 'bench fixing' charge against Chief Justice of India (CJI) Dipak Misra levelled by Justice J Chelameswar and three senior judges and have sought the collegium procedure for selection of judges to be applied to decide distribution of cases to benches. They said in allocation of work, the CJI's role as 'master of roster' should be re-interpreted to mean the 'collegium of five senior judges of the SC', in other words, the prerogative of which petition goes to which judge should not be vested only in the CJI but should be jointly exercised by the five seniormost judges. Interestingly, recognising that as per the published roster for allocation of judicial work, a PIL would be listed for hearing before the CJI, Prashant Bhushan wrote a letter to the SC secretary general on April 3 to argue that his plea be listed before the three seniormost judges (Justices Chelameswar, Ranjan Gogoi and Madan B Lokur). "This petition relates to proper interpretation and implementation of the powers of the Chief Justice as master of roster, for deciding and allocating benches. Hence, the Chief Justice has been impleaded as a respondent in this petition," Bhushan wrote to SC secretary general. "It would be improper for the CJI to exert his power as master of roster to allocate a bench in this matter. It would hence be appropriate that this matter be placed before the three seniormost SC judges to obtain their instruction on how this petition is to be listed," he further said. The move came against the backdrop of indications that failure to enlist support from other parties had led Congress to aborted its move to submit a motion seeking the removal of the CJI. Shanti Bhushan's petition, drawn up and filed by Prashant Bhushan, clarified that he was not challenging any judgment declaring the CJI to be the 'master of roster' but confining the plea "to the scope and ambit of the powers of the CJI in listing matters and seeking appropriate declaration from the SC that such powers must be exercised lawfully, for objective and not subjective considerations and must always be exercised in a non-arbitrary and transparent manner in tune with the requirements of law". Yet, the rest of the petition referred to the CJI's 'questionable' manner of listing petitions before benches headed by 'select junior judges', including the petition seeking an independent probe into the death of judge B H Loya in 2014. According to the rebel judges led by Justice Chelameswar, allocation of the Loya petition initially to a bench headed by Justice Arun Mishra had triggered their unprecedented January 12 press conference and provided the platform for the subsequent move by Left parties and Congress to push for a removal motion against the Chief Justice. While appearing to advocate that 'master of roster' duty by the CJI should mean involving the views of senior judges, the Bhushans listed 10 instances of alleged abuse of powers by the CJI to get matters of national importance listed before judges expected to give a favourable decision. TOP COMMENT Bhusjans are loosers who are creating news in the hope of creating leverage for political gains. It wont work. He was with Anna and then with AAP before being kicked out. Now they are ruddreless and ... Read More johnroe465 Roe The Bhushans also raised allegations against the CJI on the medical admission scam, petitions involving which were ordered to be listed by a two-judge bench headed by Justice Chelameswar before a constitution bench of the first five judges. A five-judge bench headed by the Chief Justice nullified the order while ruling the CJI alone was empowered to decide distribution of cases and benches' composition and no one else. -- Peace Is Doable -- You received this message because you are subscribed to the Google Groups "Green Youth Movement" group. To unsubscribe from this group and stop receiving emails from it, send an email to greenyouth+unsubscr...@googlegroups.com. To post to this group, send an email to greenyouth@googlegroups.com. Visit this group at https://groups.google.com/group/greenyouth. For more options, visit https://groups.google.com/d/optout.
