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Prashant Bhushan Files RTI Seeking Details About SC Bench in CJI Impeachment Case

Senior advocate Prashant Bhushan has now sought to know whether the petition was listed before the bench “by way of an administrative order”.


Updated:May 8, 2018, 6:32 PM IST

New Delhi: Soon after a Supreme Court bench led by Justice AK Sikri on Tuesday dismissed the CJI impeachment petition after Congress MPs withdrew it from the court, senior lawyer Prashant Bhushan filed an RTI query seeking information on setting up of Constitution bench.

The court had earlier declined to share details on setting up of the Constitution bench for the Tuesday hearing.

Bhushan has now sought to know whether the petition was listed before the bench “by way of an administrative order”.

He further asks, “If yes, who has passed the order above mentioned?”

Bhushan has also asked for a copy of the order seeking to “inspect” the file.

“Dismissed as withdrawn," said the bench, after senior lawyer Kapil Sibal said that he would rather withdraw the petition if the court did not want to part with the details of the administrative order.

Kapil Sibal, too, had sought to know who had ordered the listing of the matter before a larger bench and sought a copy of the order, saying this was necessary to enable them decide whether or not to challenge it.

The withdrawal brought major relief for CJI Dipak Misra after two Congress MPs withdrew their petition challenging Rajya Sabha Chairman Venkaiah Naidu’s cancellation of the impeachment notice that was moved in the House last month.

The case was heard for 45 minutes on Tuesday.

According to PTI, the bench repeatedly asked Sibal whether any purpose would be served if the two MPs were given a copy of the administrative order passed by the CJI for setting up of the five-judge bench.

"It is a piquant and unprecedented situation where CJI is a party and other four judges may also have some role. We don't know," the bench said.

Sibal said only after getting a copy of the order could they decide whether or not to challenge it.

However, when the bench showed reluctance to accept his arguments and submissions, the senior advocate decided to withdraw the petition.

| Edited by: Sanchari Chatterjee
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