NDLI: Kamini Jaiswal Vs. Union of India & Anr.

Kamini Jaiswal Vs. Union of India & Anr.

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Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Administration of Justice: Writ Petition u/Art. 32 of the Constitution [W.P. (Cr/.)
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case Type	Writ Petition
Court	Supreme Court of India
Disposal Nature	Petition Dismissed
Headnote	Administration of Justice: Writ Petition u/Art. 32 of the Constitution [W.P. (Cr/.) No. 16912017} filed on 8.11.2017 by Commission for Judicial Accountability and Reforms (CJAR) - Stating that an FIR relating to criminal conspiracy and of taking illegal gratification to influence the outcome of a pending case before Supreme Court revealed a nexus between the middlemen, Hawala dealers and senior public functionaries including persons in judicial field - The petition was mentioned before Court No.2 and thereafter, it was listed for hearing on 10.11.2017 before a particular Bench - On 9.11.2017 another similar writ petition (present petition) identically worded, was filed by the petitioner (a member of (CJAR) and was mentioned before Court No.2 with a prayer to hear the matter on the same day - The Bench (Court No.2) posted the present petition before itself for hearing on the same day - After hearing, the Bench (Court No.2) decided to place the matter before Constitution Bench which would consist of senior most five Judges of the Court - When the WP (Cr/.) No.169/2017 came up for hearing before another Bench, the Court taking into account the order in the present case, directed to place the matter before the Chief Justice of India for passing appropriate orders - The matter was considered on administrative side by the Chief Justice and he constituted 5-Judge Constitution Bench - The Constitution Bench (constituted by the Chief Justice) on 10.11.2017 decided that the Chief Justice is the Master of roster G and no Bench can direct the composition for constitution of a Bench - Thereafter, the Chief Justice constituted 3-Judge Bench to hear the matter on 13.11.2017 - Plea was taken by petitioner that order dated 9.11.2017 (a/locating the matter to 5 senior most Judges) could have been passed under Art.142 of the Constitution and the order dated 9.11.2017 was binding on other courts in view of Art.144 and hence could not have been rendered ineffective by orderdated 10.11.2017 - Petitioners also took the plea that as the pendingmatter (order whereof was alleged to be influenced) was heard bythe Chief Justice, and by one of the Judges in the present Bench, thematter cannot ~e heard by a Bench constituted by the Chief Justiceand that the other Judge should recuse himself from the matter -Held: Arts. 144 or 142 are not applicable in the present case - Incase they are attracted, it is decision of Constitution Bench (wherebyit decided that Chief Justice is the master of roster) which is binding- It has been held by Constitution Bench that Chief Justice is thec master of roster and the present Bench was constituted by the ChiefJustice in his administrative capacity - It was highly improper toallege conflict of interest that the Chief Justice should not hear onjudicial side or allocate that matter on administrative side - Filingof two successive petitions are a misconceived venture, amountingto forum hunting and has brought the entire judicial system intodisrepute for no good cause - Asking for refusal of a particularJudge from the ratter is another attempt to forum hunting and alsoamounts to contempt of Court - Making such scandalous remarksalso tan/amounts to interference with administration of Justice -Constitution of India - Arts. 142, 144 and 145 - Supreme Court Rules, 2013 - Contempt of Court.Advocates:Petition filed by advocate in his/her personal capacity -Making scandalous remarks against judiciary - Held: Makingscandalous rem&rks ten/amounts to interference with administrationof justice - An advocate cannot escape the responsibility on theground that he/she drafted the same in his/her personal capacity.Maxim:"nemo judex in causa sua" - Applicability and scope of -Discussed.
Judge	Hon'ble Mr. Justice A.M. Khanwilkar Hon'ble Mr. Justice Arun Mishra Hon'ble Mr. Justice R.K. Agrawal
Neutral Citation	2017 INSC 1112
Petitioner	Kamini Jaiswal
Respondent	Union Of India & Anr.
SCR	[2017] 13 S.C.R. 189
Judgement Date	2017-11-14
Case Number	176

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