CJI Dipak Misra meets the four senior-most SC judges

Frederick Owens
January 21, 2018

The pleas regarding the death of special CBI judge BH Loya will be heard before the Chief Justice of India Dipak Misra on January 22.

They had confirmed that their complaints include the case of the death of a CBI judge, BH Loya.

And the referral of the case of the death of judge Loya-who was hearing the case of the alleged fake encounter of Sohrabuddin Sheikh, in which BJP chief Amit Shah was an accused-to a junior judge is learnt to have been the tipping point for them. However, after a rebellion by four senior judges the two petitions were remitted to the CJI. The four judges claimed that other politically sensitive cases too are being assigned to a particular bench.

The supplementary cause list issued on Saturday lists the petitions by social activist Tehseen Poonawala and Maharashtra-based journalist Bandhuraj Sambhaji Lone before the bench of chief justice Misra, justice A M Khanwilkar and Justice D Y Chandrachud. "Unfortunately, our efforts have failed in convincing the Chief Justice of India to take steps to protect this institution", Justice Chelameswar said at the press conference.

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According to sources, on Monday there were heated exchanges among the judges over the manner in which the four judges took up the issue before the media and a few other judges supported Justice Arun Mishra over his outburst.

Sources said the CJI, though disappointed and hurt by the presser and what sources close to him described as "unfounded-yet-hyped allegations", has quietly gone about studying the process of allocation of cases in various high courts.

The listing of the PIL on Loya case before a Bench of Justice Arun Mishra was openly criticised by the four senior most judges of the Supreme Court at a Press conference held on January 12. A majority of the judges feel that a transparent case allocation system must be synced with the five-judge bench judgment holding the CJI as master of the roster.

The JC meeting also discussed a longstanding demand of lawyers' representative bodies for amendments to the Judicial Commission Rules 2010 to make the nomination process more transparent with the active participation of the PBC.

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