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CJI reserves one-hour for urgent mentionings

, ET Bureau|
Updated: Nov 15, 2017, 11.09 PM IST
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CJI Misra had moved quickly to overrule this ruling and referred the demand for probe to a two-member bench.
CJI Misra had moved quickly to overrule this ruling and referred the demand for probe to a two-member bench.
NEW DELHI: Chief Justice of India Dipak Misra has reserved one hour in the morning for mentioning urgent cases in his court before he embarks upon any daylong hearings on key constitutional issues such as the Delhi government-LG row over powers.

The move comes in the aftermath of a recent order by Justice Jasti Chelameswar, referring a writ petition demanding a probe into an alleged attempt to bribe judges to procure favourable orders to a five-judge bench.

CJI Misra had moved quickly to overrule this ruling and referred the demand for probe to a two-member bench. Since then, at least two circulars have been issued directing that all mentioning matters – or, petitions seeking out of turn hearings on the grounds of urgency – be only taken up by the CJI and not by any other bench.

Another circular clarified that only mentioning cases permitted by the CJI to be listed before other benches would be heard by those benches. Puisne judges, or regular judges other than the chief justice, were disallowed from taking up any fresh matters mentioned before them without the CJI’s nod.

Misra on Wednesday also clarified that two-judge benches cannot directly refer a constitutional issue to a five-judge bench by a judicial order, bypassing the CJI’s administrative powers.

Now, the day Justice Chelameswar, the senior most judge, referred the demand for a probe into alleged possible judicial corruption to a five-member bench, CJI Misra was busy in a constitution bench, leaving Justice Chelameswar to deal with urgent mentionings.
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