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Judges bribery case: SC junks PIL on forming a SIT probe

Judges bribery case: SC junks PIL on forming a SIT probe

New Delhi: The Supreme Court today dismissed a petition seeking SIT probe into an alleged case of bribery in the name of judges, saying such a plea has raised unnecessary doubts over the integrity of judges.

The apex court rejected the petition filed by noted lawyer Kamini Jaiswal, making it clear that the CBI’s FIR was not against any judge and neither was it possible to lodge such a complaint against a judge.

However, it did not issue a contempt notice against Jaiswal.

A bench of Justices R K Agrawal, Arun Mishra and A M Khanwilkar also deprecated attempts made for recusal of one of the judges in the matter saying it was not proper and tantamounted to “forum shopping.”

‘Forum shopping’ refers to the practice by some parties of deliberately searching through multiple courts or jurisdictions in order to file or transfer a case to one that is most likely to give a favourable result to said party.

Jaiswal, through senior advocate Shanti Bhushan and Prashant Bhushan, had sought recusal of Justice Khanwilkar from hearing the matter. Khanwilkar had refused to recuse himself.

‘Recuse’ refers to a situation when a judge excuses himself from a case because of a potential conflict of interest or lack of impartiality.

The bench observed that “the damage has been done to the institution by filing of such a plea and unnecessary doubts were raised on its integrity.”

While dismissing the plea for SIT probe the bench also added, “We are not above law but due process must be followed. No FIR can be lodged against a judge by judicial order.”

The petition had claimed that allegations of bribery were levelled for securing settlement of cases relating to medical colleges in which a retired Orissa High Court judge, Ishrat Masroor Quddusi, is also an accused.

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