Prashant Bhushan takes RTI route, seeks copy of CJI's order

NEW DELHI: Hours after failing to safe a replica of CJI Dipak Misra’s administrative order list a petition by means of two Rajya Sabha MPs of Congress sooner than a five-judge bench, suggest Prashant Bhushan on Tuesday filed an utility underneath the Right to Information Act within the SC registry and sought a replica of the order.
A bench of Justices A K Sikri, S A Bobde, N V Ramana, Arun Mishra and Adarsh Goel had brushed apart repeated requests by means of senior suggest Kapil Sibal and Bhushan for a replica of the CJI’s administrative order directing list of the petition challenging the Rajya Sabha chairman’s decision to reject the awareness for removal movement. Sibal mentioned the petitioners wanted to challenge the administrative order because it was incorrect and legally untenable for the CJI to direct list of a petition which involved him.

The petition was dramatically withdrawn by means of Sibal with out the main problems raised in it being argued. Sibal mentioned, "If that order has been passed by the CJI constituting the bench, then the petitioners seek to challenge the order on such grounds as the petitioners may deem fit. It would be inappropriate for the petitioners to seek further indulgence of this court on the merits of this case till such time as such opportunity is afforded to the petitioners."


Less than three hours after the petition was withdrawn, Bhushan filed an RTI utility "as a citizen of India" with the SC’s chief public data officer Ajay Agrawal and sought to know whether or not the petition was listed sooner than a Constitution bench on the basis of an administrative order; and if so, who handed the order. He sought a replica of it in addition to permission to check out report.


SC registry sources mentioned more than a thousand petitions had been listed sooner than other benches each week. "If every petitioner starts asking for a copy of the administrative order seeking to know how her/his petition got listed before a particular bench for the purpose of challenging legality of listing, it will create an incongruent situation, both for the registry and the judges heading the benches," a supply mentioned.


A majority of petitions get listed as per the roster made up our minds by means of the CJI. The roster allocates matter classes to other benches and computer systems mechanically record petitions sooner than the correct bench. However, because the master of roster, the CJI comes to a decision list of issues of significance and allocates them to other benches.


On January 12, 4 seniormost judges led by means of Justice J Chelameswar had taken the extraordinary step of addressing the media at Justice Chelameswar’s residence to accuse the CJI of arbitrarily allocating issues of nationwide significance, together with the petition in quest of probe into decide B H Loya’s dying, to "select benches headed by junior judges".
Prashant Bhushan takes RTI route, seeks copy of CJI's order Prashant Bhushan takes RTI route, seeks copy of CJI's order Reviewed by Kailash on May 09, 2018 Rating: 5
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