New Delhi: The Supreme Court on Thursday agreed to examine a plea for thorough investigation into a corruption case that indicated alleged involvement of sitting and retired judges.
The development assumes immense significance since the top court has, perhaps for the first time, agreed to hear a petition, which demands an independent probe that might lead to investigation of judges at the highest level.
At least three petitions, which sought probe against retired Supreme Court judges, were summarily dismissed by the top court on first day of hearing in the past.
This included the controversy over a diary, allegedly left behind by former Arunachal Pradesh chief minister Kalikho Pul before his suicide, which names some apex court judges in connection with monetary demands.
But on Thursday, a two-judge bench led by Justice J Chelameswar took up the PIL filed by advocate Kamini Jaiswal on an urgent basis, noting the matter warranted an expeditious hearing and that it be placed before a Constitution Bench on Monday.
"This matter is very important for this institution and also for the whole nation…let it be placed before a Constitution Bench to be heard on a priority basis," the bench said.
It also ordered the CBI to immediately keep in sealed cover envelopes all the materials collected by it during the course of investigation and submit it in the Court registry to ensure there is no tampering with the evidence.
Seeking a special investigation team under supervision of a former chief justice of India, the PIL has referred to a graft case registered by the CBI in connection with granting recognition by the MCI to certain medical colleges while the matters were pending in the apex court.
Along with others, the CBI had arrested retired Odisha High Court judge IM Qudussi, who allegedly conspired to settle a MCI debarment order against a private medical college.
The CBI case also mentioned that some other "relevant public functionaries" may also be involved in the alleged collusion to settle the case pending in the Supreme Court.
Arguing for the PIL, senior advocate Dushyant Dave said that looked from any angle, it was a case that cried for intervention of the top court.
He questioned why the CBI did not appeal against the bail granted to all the accused in the case, including the former HC judge, within 48 hours of arrest.
"Is CBI trying to discredit this institution (judiciary) by foisting false cases on judges? Or is there really something which requires an independent investigation under monitoring of this Court? This is too important a matter not to be thoroughly probed," Dave said.
He added that the Supreme Court must step in to make sure that investigation into the matter is fair and free from all apprehensions.
"Let the message go that howsoever high you are, law is above you. I personally want that all allegations against judges of high courts and the Supreme Court be turned out to be completely false but they must be inquired into for the truth to come out," Dave said.
At this, the bench said that accusations in the CBI's FIR were disturbing and that they pertained to the functioning of the Supreme Court as well.
It referred the case to a Constitution Bench for hearing it on Monday.
When the case was getting referred, Dave contended that the larger bench should not include the Chief Justice of India since the medical colleges' cases were heard by his bench. Justice Chelameswar said that since the petition had already sought recusal of the CJI, it would be appropriately dealt with during the constitution of the five-judge bench.
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