NEW DELHI: The Supreme Court on Thursday ordered a probe headed by retired judge A K Patnaik into lawyer Utsav Singh Bains’ allegations of a conspiracy to frame Chief Justice of India Ranjan Gogoi.
While expressing anguish at the systematic attack to malign the SC, a three-judge bench headed by Justice Arun Mishra said Justice Patnaik will not look into allegations of sexual harassment against the Chief Justice, which will be examined by an in-house panel. The court directed the heads of the CBI, Intelligence Bureau and the Delhi Police to cooperate with Justice Patnaik.
As for the three-member in-house committee, one of them, Justice N V Ramana, recused after the complainant feared the inquiry would not be fair as he was a close friend of the CJI. Justice Indu Malhotra will replace him on the panel.
The bench was appalled to find in Bains’ fresh affidavit that he was offered Rs 1.5 crore by one Ajay to represent a former employee of the Supreme Court and arrange a press conference against Chief Justice Gogoi at Delhi’s Press Club.
“The day has come when we have to rise and tell the powerful and rich people - you can’t run the institution. The way this institution is being treated in the last three to four years, it is going to die. There is a systematic attempt to denigrate it, malign it,” the bench said.
Informing Bains he can’t claim the privilege under the Evidence Act, the bench directed him to submit all documents to Justice Patnaik.
“We know how the rich and powerful of this country are playing with fire. This must stop. People try to run by money power and influence the registry for bench fixing.... Don’t think that the Supreme Court can be remote controlled by anything on earth,” the bench said.
When Solicitor General Tushar Mehta sought an SIT (special investigation team) probe into the matter, Justice Mishra said: “Don’t provoke us anymore. This is your institution, not ours. We, judges, come and ago. This is the court made by the likes of Fali Nariman, Nani Palkhiwala and many like them. But every other day we hear of bench fixing, every day wrong practices are made in the court. Whenever big cases or big persons are involved, this happens in this court.”
Senior advocate Indira Jaising wanted the government kept out of the probe. The case would now be listed after Justice Patnaik files his report.
‘Need to preserve the sanctity of the SC’
“The institution of SC has to be preserved in the interest of the country and the Constitution. If allegations are made against a judge, they have to be inquired into,” Justice A K Patnaik (pic) said. He will probe the alleged plot against the CJI