SC Order Hints CJI Dipak Misra May Form New Bench to Hear Judge Loya Death Case
A recusal by Justice Arun Mishra assumes significance because posting this case before his bench was apparently the trigger that had led the four senior-most judges to come out openly against CJI Dipak Misra.
File photo of Chief Justice of India Dipak Misra.
New Delhi: Justice Arun Mishra may have decided not to hear any further petitions relating to the CBI judge BH Loya death case, which triggered the open revolt in the Supreme Court.
An order released late in the evening on the Supreme Court website says the case should be “Put up before the appropriate bench,” hinting that a new bench could be formed to hear the Public Interest Litigation.
Does it mean that the bench headed by Justice Arun Mishra is not the "appropriate" bench to hear this case any further? The court order gives rise to a possibility that the case may not be heard by this bench whenever it is listed for hearing next.
Usually, when an order ends with 'Put up before the appropriate bench', it is placed before the Chief Justice of India to place the matter before any other bench as per the roster system and his discretion.
Thus, the order may very well mean that the PILs demanding inquiry into death of judge Loya, who was trying the politically sensitive Sohrabuddin Sheikh encounter case, could go to some other bench.
A recusal by Justice Arun Mishra assumes significance because posting this case before his bench was apparently the trigger that had led the four senior-most judges to come out openly against Chief Justice of India Dipak Misra on Friday.
While the matter was not moved out of Justice Arun Mishra's court on Tuesday, the order passed by this bench gives an indication that some other bench may hear the case on the next date. The order, however, did not mention the next date of hearing.
On a day when the CJI broke the ice by meeting the four dissenting judges for around 15 minutes - the first after the open opposition, the order by Justice Arun Mishra's bench may also connote that discretion has been given to the CJI yet again to change the bench as one of the measures to resolve the ongoing crisis.
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