New Delhi: In the wake to form proper guidelines to regulate the allocation of cases in the Supreme Court and High Courts, a bench comprised of Chief Justice of India Deepak Misra and Justices AM Khanwilkar and DY Chandrachud rejected a PIL on Wednesday, April 11 seeking transparency saying that the Chief Justice of India is the “authority”. Writing the judgment for the bench, Justice Chandrachud referred to the constitutional schemes and said that the Chief “Justice of India is first among equals and has the authority to decide the allocation of cases and setting up of benches”.
The PIL was filed in the backdrop of the January 12 press conference that was held by senior-most top court judges, and included J Chelameswar, Ranjan Gogoi, Madan B. Lokur and Kurian Joseph, at an unpredictable event. The judges had alleged of improper allocation of cases by the Chief Justice of India. The PIL was filed by Ashok Pande seeking guidelines for the SC and all the high courts on the allocation of cases and constituting benches.
The unprecedented press conference by 4 senior most top court judges enunciated much displeasure with the CJI Deepak Misra and the way he was assigning cases. The 4 judges wrote in a letter to the CJI 2 months ago, depicting their grievances about the selective process of assigning significant cases who are junior to them. They also said that that have issues with the assignment of the case to do with the mysterious death cases Justice BH Loya, who was hearing the Sohrabuddin fake encounter case.