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See how fixing, hunting & shopping are becoming headache for Supreme Court

TNN|
Finding fixers
1/5

Finding fixers

The Supreme Court appointed a committee headed by a former judge to probe allegations that Chief Justice of India Ranjan Gogoi has been framed in a false case of sexual harassment (this case will be heard separately by SC today) by "fixers". "The way the institution (Supreme Court) has been treated in the last three four years, it is going to die. There is a systematic game," the court said referring to attempts made to "influence" court proceedings.

BCCL
Fixing, hunting & shopping
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Fixing, hunting & shopping

This, however, is not the first time “bench fixing” has made it to the top court. In legal parlance, “bench fixing”, "bench hunting" or "forum shopping" refers to petitioners managing to get their cases heard by a particular judge or court to ensure a favourable order.

Reuters
A matter of roster
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A matter of roster

Last year in January, four senior SC judges, who comprised the collegium at the time (including Justice Ranjan Gogoi), met the press and raised questions on the functioning of the then chief justice (Dipak Misra) in assigning cases to particular benches.

Later a PIL echoing the 'bench fixing' charge levelled by the judges said that the prerogative of which petition goes to which judge should not be vested only in the CJI but jointly exercised by the five seniormost judges.

Reuters
The forum shoppers
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The forum shoppers

In 2014, hearing a case where a high court had cancelled the anticipatory bail of an accused on the ground that they had indulged in "bench hunting".

In the Sahara Judgment delivered by the two Judge Bench consisting of Justice Radhakrishnan and Justice Khehar, the Supreme Court came down heavily on Senior Counsels by saying that “if it was learned counsel’s posturing antics, aimed at bench-hunting or bench-hopping (or should we say, bench-avoiding), we would not allow that. Affronts, jibes and carefully and consciously planned snubs could not deter us, from discharging our onerous responsibility”

(In pic: Justice Radhakrishnan and Justice Khehar)

Agencies
How it works
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How it works

Hearing the case of a company that had approached at least four high courts for relief, the apex court had in 2016 listed out different kinds of forum shopping – approaching different courts for relief, creating conditions to take the jurisdiction to a particular court, taking advantage of contrasting views on an issue held by two courts, approaching different courts for the same relief by making minor changes in the petition or making allegations of a conflict of interest against a judge requiring the judge to recuse from the proceedings so that the matter could be transferred to another judge.

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