Tussle in Supreme Court: CJI Misra clips junior's wings

New Delhi: Amid signs of emerging differences within judges of the Supreme Court, Chief Justice of India Dipak Misra has decided to keep with himself the power to hear “mentioning” of matters by lawyers for early listing of cases.

The CJI’s decision, made public on Saturday,  seems to be an effort to clip the wings of the second senior-most judge, Justice J. Chelameswar, who was the only other judge with the power to take up “mentioning”.

The decision comes a day after a five-judge bench headed by the CJI annulled an order passed by a bench of Justice Chelameswar.

Justice Chelameswar had on Thursday referred a PIL, alleging bribes taken in the name of judges, to the top five judges of the apex court. CJI Misra on Friday overturned the order and sent the matter to a three-judge bench, expressing displeasure on what he said was an attempt to question his authority.

“Mentioning” is done by lawyers before the CJI at 10.30 am for early listing of cases or to expedite hearing in a pending matter.   

As per the practice till now, whenever the CJI is hearing a matter pertaining to a Constitution Bench, “mentioning” can be done before the number two judge — Justice Chelameswar. But now, Justice Chelameswar can no longer entertain any mentioning by lawyers for early listing.

Chief Justice Misra, through a circular dated November 10, has said that all matters which are not listed before any bench should be mentioned only before the bench presided over by the CJI. The circular, however, is silent on what will be the situation when the CJI is on leave for some reason.

The November 10 circular supersedes an earlier one issued on November 6 which said that whenever the CJI is hearing a matter pertaining to a Constitution Bench, mentioning can be done before the number 2 judge at 10.30 am, but if there is a need for listing of cases on the same day, it has to be referred to the CJI for hearing at 3 pm.