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Listing of Chhattisgarh NAN Scam Matter Before Justice MR Shah's Bench Attracts Controversy
Listing of Chhattisgarh NAN Scam Matter Before Justice MR Shah's Bench Attracts Controversy
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https://www.livelaw.in/top-stories/listing-of-chhattisgarh-nan-scam-matter-before-justice-mr-shahs-bench-attracts-controversy-214455 1/18
11/19/22, 5:27 PM Listing Of Chhattisgarh NAN Scam Matter Before Justice MR Shah's Bench Attracts Controversy
The matter was being heard by a bench comprising the previous Chief
Justice of India UU Lalit, Justice Ajay Rastogi and Justice S Ravindra Bhat.
The previous hearings in the case had created news after the ED made a
serious allegation that the accused in the case were in touch with the Chief
Minister and a High Court judge. Solicitor General of India Tushar Mehta had
also handed over certain sealed cover documents to the bench led by CJI
Lalit to corroborate the allegations. On October 20, the said bench could not
hear the matter due to the paucity of time and directed for the listing of the
Also Read - Why LiveLaw Premium Subscription Is A Must For Your Legal
On November 14, the matter was listed before a bench comprising Justices
MR Shah and Hima Kohli. Senior Advocate Kapil Sibal, appearing for the
benches led by either Justices Rastogi or Justice Bhat, who are the
remaining members of the previous bench after the retirement of CJI Lalit.
Also Read - Union Law Minister Kiren Rijiju Criticises Lawyers' Protests;
Says Not Good To Question Every Collegium Decision Which Has Govt
Support
In this backdrop, the matter was listed before the Chief Justice of India today
by the Solicitor General. CJI Chandrachud then said, "The Registrar J1 says
that I have already passed orders orders yesterday assigning the matter to
will have to be broken, as both of them are heading separate benches, the CJI
added.
Also Read - FIR Registered In 1990 ; Trial Not Complete Even After Three
"I just followed an objective criteria, to assign to the next senior most judge
https://www.livelaw.in/top-stories/listing-of-chhattisgarh-nan-scam-matter-before-justice-mr-shahs-bench-attracts-controversy-214455 3/18
11/19/22, 5:27 PM Listing Of Chhattisgarh NAN Scam Matter Before Justice MR Shah's Bench Attracts Controversy
degree of seriousness".
"You know Mr.Solicitor, I could have taken this up, since Chief Justice Lalit
was taking it up. But if I take it up, three benches will be broken, my bench,
practical issues, I said the second most senior judge available will take it up",
CJI said.
"At the outset, I cannot select a bench or avoid a bench. Whatever your
lordships have read, prima facie, something was told to the bench...", SG said.
The CJI then replied that he has not read the files and has only seen orders.
"No, I just saw the orders. There was absolutely no time to read the files", CJI
said.
SG then gave a brief background : "The learned judges said we have not gone
into the sealed covers and asked me to point out. When I pointed out, the
learned judges put to me how much time will be needed for arguments and I
said substantial time needed. The earlier Chief Justice had no time and it
was de-listed. So it was listed, possibly after marking, before Court No.
that you should not hear and it should go before the earlier bench. That is not
https://www.livelaw.in/top-stories/listing-of-chhattisgarh-nan-scam-matter-before-justice-mr-shahs-bench-attracts-controversy-214455 4/18
11/19/22, 5:27 PM Listing Of Chhattisgarh NAN Scam Matter Before Justice MR Shah's Bench Attracts Controversy
Hearing the SG's statement that the previous CJI might have marked the
matter to Court no.5, CJI Chandrachud said : "One second, if it was listed by
the former Chief Justice before Court No.5, let me check", CJI stated. "What I
will do is this, I will ask the Registrar to check up if there is any order", he
added.
Sibal then interjected to say that the order only says "Registry is directed to
list the matter before the appropriate bench". CJI said he will ask the
Registrar to check if there was any direction by the former Chief Justice to
mark the matter to Court No.5. "If there is none, my order will stand", he said.
Solicitor General then said : "Please allow me to say. I have only this forum
order in a political matter not to your liking, you gather NGOs and malign the
entire institution that you have no trust in it. One wrong order, articles are
https://www.livelaw.in/top-stories/listing-of-chhattisgarh-nan-scam-matter-before-justice-mr-shahs-bench-attracts-controversy-214455 5/18
11/19/22, 5:27 PM Listing Of Chhattisgarh NAN Scam Matter Before Justice MR Shah's Bench Attracts Controversy
CJI then intervened, "You know Mr.Solicitor, one of the practices of this Court,
one good practice, is that when a senior judge retires, the matter goes to the
applying a golden yardstick that when the presiding judge retires, matter
goes to the next judge and if that judge refuses saying he has no time, it goes
https://www.livelaw.in/top-stories/listing-of-chhattisgarh-nan-scam-matter-before-justice-mr-shahs-bench-attracts-controversy-214455 6/18
11/19/22, 5:27 PM Listing Of Chhattisgarh NAN Scam Matter Before Justice MR Shah's Bench Attracts Controversy
"Some bench will be maligned", SG said. This invited a sharp retort from Sibal
who said, "Justice Hima Kohli was in that bench. Did we malign? We just said
hold it over".
assignment to any bench", CJI said. "It could not have been, Justice Shah did
Justice Ajay Rastogi and Justice SR Bhat. "We have no problem with any
"One order of not someone's liking and the entire institution is maligned", SG
repeated. "Very very unfair", Senior Advocate Mukul Rohatgi, appearing for
"It goes to the second or third bench, and if nobody is available, it goes
https://www.livelaw.in/top-stories/listing-of-chhattisgarh-nan-scam-matter-before-justice-mr-shahs-bench-attracts-controversy-214455 7/18
11/19/22, 5:27 PM Listing Of Chhattisgarh NAN Scam Matter Before Justice MR Shah's Bench Attracts Controversy
As the exchanges were getting heated up, CJI tried to ease the pressure by
After sometime, the SG again 'mentioned the matter by saying "One way out
can be that the bench be of my lord the Chief Justice, Justice Rastogi and
Justice Bhat. I cannot choose or avoid any bench. That's not within my
domain".
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11/19/22, 5:27 PM Listing Of Chhattisgarh NAN Scam Matter Before Justice MR Shah's Bench Attracts Controversy
1 Union Law Minister Kiren Rijiju Criticises Lawyers' Protests; Says Not
Good To Question Every Collegium Decision Which Has Govt Support
5 FIR Registered In 1990 ; Trial Not Complete Even After Three Decades : SC
Directs Kolkata Court To Complete Trial Within 6 Months
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11/19/22, 5:27 PM Listing Of Chhattisgarh NAN Scam Matter Before Justice MR Shah's Bench Attracts Controversy
पूर्व मुख्य न्यायाधीश यू यू ललित NUJS कोलकाता के विजिटिंग प्रोफे सर के तौर पर ज्वाइन करें गे
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' निजी मेडिकल कॉलेजों का छात्रों से बॉन्ड मांगना परे शान करने वाला' : सुप्रीम कोर्ट ने छात्र को
पांच लाख रुपये लौटाने के निर्देश की पुष्टि की
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