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Judge in his own cause?

The Supreme Court on Tuesday directed for personal appearance of advocate Utsav Bains on Wednesday to corroborate his contentions that there is a conspiracy to frame CJI Ranjan Gogoi in a sexual harassment case.

A bench headed by Justice Arun Mishra issued a notice to Bains and said he should come to the court with evidence to corroborate his charge that certain corporate individuals, including Naresh Goyal of Jet Airways, and fixer Romesh Sharma could be involved in this conspiracy.




Bains has said that Goyal, through Sharma, had sought to bribe Justice Gogoi for a favourable order on waiving off the loan for his airlines. The lawyer also added that there was credible information that terrorist Dawood Ibrahim had invested in Jet Airways and, thus, the failed attempt to bribe Justice Gogoi was viewed seriously.


According to his affidavit, since the incumbent CJI put an end to the 'cash for judgment' racket, Sharma wanted the CJI to resign and hatched this conspiracy. Bains also said that a person named Ajay had approached him on April 4 and introduced himself as a relative of the former court staff, who has levelled harassment charges against the CJI.

After Bains sought to meet the woman over “several loopholes” in the story, the affidavit claimed that Ajay changed track and offered him a bribe of Rs 50 lakh. Upon refusal, Bains said, the bribe amount was enhanced to Rs 1.5 crore. It was then, the affidavit contended, that Bains decided to go to the root of the alleged conspiracy and dug up the facts about the possible involvement of Goyal and Sharma.

Bains has sought a judicial inquiry into the episode through independent investigators.

In a special hearing on Saturday, the CJI had dismissed all allegations and dubbed the charges as a "very, very serious threat to the independence of the judiciary".

 
CJI Ranjan Gogoi may be totally innocent, but he should recuse himself from this case where he might be a defendant.
 
Justice SA Bobde to conduct in-house enquiry into allegations of sexual harassment against CJI Gogoi

Justice S A Bobde, the senior-most judge of the Supreme Court, was Tuesday appointed to conduct an in-house inquiry into the allegations of sexual harassment levelled against Chief Justice of India Ranjan Gogoi.

Justice S A Bobde, the senior-most judge of the Supreme Court, was Tuesday appointed to conduct an in-house inquiry into the allegations of sexual harassment levelled against Chief Justice of India Ranjan Gogoi.

When contacted, Justice Bobde, who is next to the CJI in seniority, confirmed the development.
He said being the number two judge, the Chief Justice of India has appointed him to look into the allegations of sexual harassment charges levelled against him by a former woman staff.

Justice Bobde told PTI that he has decided to form a panel by inducting two apex court judges -- Justice N V Ramana and Justice Indira Banerjee.

"I decided to have Justice Ramana in the panel as he is next to me in the seniority and Justice Banerjee as she is a woman judge," Justice Bobde said.



That is the right decision.
 
I am in general not in favour of "regular and short term" job rotation, as it does not allow for building job expertise.

However in the SC case, maybe we need to look at CJI post and similarly HC CJ with regular job rotations every year. Yes it can be messy, but this will resolve some of the key issues like favouritism, nepotism, sympathetic to a ideology or cause, etc..

And wil also remove the angst among so many senior judges that they were bypassed.
 
பழய குருடி - கதவ திறடி!

Old question argued again!

Seeking his recusal, the parties said a judge cannot sit in appeal against his own judgment. Senior advocate Shyam Divan, in the course of his submissions, referred to the phrase “no man can be a judge in his own cause”.


 

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