SC judge withdraws from Uttar Pradesh PF scam hearing
The senior most judge of the Supreme Court after Chief Justice of India recused himself from hearing the controversial Rs 23 crore treasury scam of Ghaziabad.
By ET Bureau |
NEW DELHI: The senior most judge of the Supreme Court after Chief Justice of India on Thursday recused himself from hearing the controversial Rs 23 crore treasury scam of Ghaziabad in Uttar Pradesh allegedly involving higher judiciary.
Justice B N Agrawal, who was heading a three-judge bench, said that he was recusing from the case in the face of an accusation made by senior counsel and former union law Shanti Bhushan that the apex court was shielding ���corrupt judges��� by not giving its nod for an inquiry against the judges whose name figured in the scam.
Earlier Chief Justice K G Balakrishnan had withdrawn from hearing the case after his decision giving a go ahead to the Ghaziabad SSP to prepare a questionnaire for examining the judges of the higher judiciary allegedly involved in the scam for prior vetting. The questionnaire would form the basis of the probe. Senior counsel Shanti Bhushan appearing for one of the petitioners, Indian Transparency International, said that the Supreme Court was ���protecting the corrupt judges���, which Justice Agrawal said was ���contemptuous��� ordering for the withdrawal of such submission.
But Mr Bhushan said, ���your lordship can (initiate) proceedings against me. I stand by the charges.��� Justice Agrawal took exception of it. ���If the former law minister and an eminent jurist is making such allegations, we shall not hear the matter,��� said Justice Agrawal.
Let there be a constitutional crisis. At least, I will recuse and I will record it in the order���, said Justice Agrawal.
Angry judge went on to say, ���You are not behaving like a lawyer. You are arguing like a street urchin.��� At this stage Mr Bhushan apologised and said he was withdrawing his remarks.
But after resumption of the arguments, difference again surfaced on the question of interrogation of the judges by police in the scam.
While Justice Agrawal recalled the apex court���s judgment in the Veeraswami case which said that judges enjoyed immunity from vicarious prosecution and constitutional immunity, Mr Bhushan said that judges cannot insulate themselves from such prosecution.
At this Justice Agrawal charged Mr Bhushan with questioning the integrity of the Supreme Court itself.
In the middle of the argument, advocate Prashant Bhushan, son of former law minister representing the petitioner, intervened.
Pained at such submissions, Justice Agrawal said that he was withdrawing himself from the case. In the brief written order Justice Agrawal referred to the allegations of the Supreme Court protecting corrupt judges and Mr Prashant Bhushan���s insinuations that he (judge) was putting words into the mouth of senior counsel as reasons for his withdrawal from the case.
The matter will now be palced before CJI for constitution of a new bench to hear the petitions seeking an independent investigations into the veracity of allegations againt concerned accused, including judges from the higher judiciary.
Names of 26 members of judiciary, including an apex court judge, seven Allahabad High Court judges, six retired High Court judges and 12 judges from subordinate judiciary in Uttar Pradesh, have cropped up in the scam.
Justice B N Agrawal, who was heading a three-judge bench, said that he was recusing from the case in the face of an accusation made by senior counsel and former union law Shanti Bhushan that the apex court was shielding ���corrupt judges��� by not giving its nod for an inquiry against the judges whose name figured in the scam.
Earlier Chief Justice K G Balakrishnan had withdrawn from hearing the case after his decision giving a go ahead to the Ghaziabad SSP to prepare a questionnaire for examining the judges of the higher judiciary allegedly involved in the scam for prior vetting. The questionnaire would form the basis of the probe. Senior counsel Shanti Bhushan appearing for one of the petitioners, Indian Transparency International, said that the Supreme Court was ���protecting the corrupt judges���, which Justice Agrawal said was ���contemptuous��� ordering for the withdrawal of such submission.
But Mr Bhushan said, ���your lordship can (initiate) proceedings against me. I stand by the charges.��� Justice Agrawal took exception of it. ���If the former law minister and an eminent jurist is making such allegations, we shall not hear the matter,��� said Justice Agrawal.
Let there be a constitutional crisis. At least, I will recuse and I will record it in the order���, said Justice Agrawal.
Angry judge went on to say, ���You are not behaving like a lawyer. You are arguing like a street urchin.��� At this stage Mr Bhushan apologised and said he was withdrawing his remarks.
ADVERTISEMENT
But after resumption of the arguments, difference again surfaced on the question of interrogation of the judges by police in the scam.
While Justice Agrawal recalled the apex court���s judgment in the Veeraswami case which said that judges enjoyed immunity from vicarious prosecution and constitutional immunity, Mr Bhushan said that judges cannot insulate themselves from such prosecution.
At this Justice Agrawal charged Mr Bhushan with questioning the integrity of the Supreme Court itself.
In the middle of the argument, advocate Prashant Bhushan, son of former law minister representing the petitioner, intervened.
ADVERTISEMENT
���Your lordship is putting words into the mouth of the senior counsel (Shanti Bhushan) and blaming him,��� said Mr Prashant Bhushan.Pained at such submissions, Justice Agrawal said that he was withdrawing himself from the case. In the brief written order Justice Agrawal referred to the allegations of the Supreme Court protecting corrupt judges and Mr Prashant Bhushan���s insinuations that he (judge) was putting words into the mouth of senior counsel as reasons for his withdrawal from the case.
ADVERTISEMENT
However, the other two judges Justice V S Sirpurkar and Justice G S Singhvi did not indicate as to whether they too were withdrawing from the matter.The matter will now be palced before CJI for constitution of a new bench to hear the petitions seeking an independent investigations into the veracity of allegations againt concerned accused, including judges from the higher judiciary.
Names of 26 members of judiciary, including an apex court judge, seven Allahabad High Court judges, six retired High Court judges and 12 judges from subordinate judiciary in Uttar Pradesh, have cropped up in the scam.
Download
The Economic Times Business News App for the Latest News in Business, Sensex, Stock Market Updates & More.
The Economic Times Business News App for the Latest News in Business, Sensex, Stock Market Updates & More.
Download
The Economic Times News App for Quarterly Results, Latest News in ITR, Business, Share Market, Live Sensex News & More.
The Economic Times News App for Quarterly Results, Latest News in ITR, Business, Share Market, Live Sensex News & More.
ADVERTISEMENT
