CJI justifies recalling order of smaller bench on MoP

Chief Justice Dipak Misra refuted the allegations of a petitioner that he had deliberately recalled or overturned six orders of a bench of Justices A K Goel and U U Lalit in one month.

"Do you know what we are doing here? It was an order on MoP, the issue which cannot be taken up on judicial side. The second matter was of Court of Appeals which is in the legislative domain. These orders cannot be passed," the CJI said.

Advocate Kamini Jaiswal, who has filed a plea in the apex court alleging bribes being taken in the name of judges, alleged that a three-judge bench headed by CJI has been overturning the decisions of a particular bench.

"We know what is happening here. Six orders of a particular bench have been overturned in one month. Is this the propriety," Jaiswal said.

Justices Adarsh Goel and U U Lalit had on October 27 agreed to examine the issue of delay in finalisation of the MoP on the judicial side. A bench, comprising CJI and Justices A K Sikri and Amitava Roy, had on November 8 recalled two orders of Justices Goel and Lalit on the issue of MoP and the Court of Appeals respectively.

In the Court of Appeals matter, Justices Goel and Lalit had voiced concern over the delay in hearing of criminal appeals and directed the Centre to explore the possibility of having an alternate fora for hearing of pleas by adopting suitable legislative or administrative measures. MPOST