The bench said the charges are serious and sensitive not only for the judiciary but for the nation as well.
New Delhi: In an unprecedented move, Justice J. Chelameswar, the second senior most judge of the Supreme Court (SC), on Thursday entertained a PIL for a probe by a Special Investigation Team (SIT) into the alleged medical admission scam involving a retired Orissa High Court Judge I.M. Quddusi. The bench, which included Justice Abdul Nazeer, issued notice to the Centre and the Central Bureau of Investigation (CBI) and referred the PIL for hearing by a five judge constitution bench, comprising top five judges according to seniority.
The bench said the charges are serious and sensitive not only for the judiciary but for the nation as well. It said the FIR contained certain allegations, which are disturbing.
The CBI arrested Justice Quddusi on September 21 for attempting to bribe judges to get permission for allegedly trying to fix apex court judges hearing the medical college admission case. The bench directed the CBI to produce all the documents and materials collected during the investigation of an FIR registered in this regard in a sealed cover before the constitution bench on November 13.
When senior counsel Dushyant Dave appearing for petitioner Ms. Kamini Jaiswal submitted that the CJI Dipak Misra should not be part of the five-judge bench, Justice Chelameswar said it was upto the CJI to decide. Mr. Dave said the allegations about fixing of judges through illegal gratification is too serious a charge to permit the CBI and Centre to use it to arm twist the judiciary. Mr. Dave said the accused were released on bail two days after their arrest and the CBI did not file an appeal.