(J. Chelameswar and S. Abdul Nazeer, JJ.)
Kamini Jaiswal _________________________________ Petitioner
v.
Union of India & Anr. __________________________ Respondent(s)
Writ Petition(s) (Criminal) No(s). 176/2017, decided on November 9, 2017
The Order of the court was delivered by
Order
1. Issue notice.
2. Dasti, in addition, is permitted.
3. This matter was taken on Board upon being mentioned in the morning at 10.30 a.m. On an inquiry from the Bench regarding the urgency in the matter, it was brought to the notice of the Court that a certain case is registered by the Central Bureau of Investigation against a retired High Court Judge of this country containing serious allegations implicating the said Judge, shown as an accused in the FIR No. 10(A) under Section 8 and Section 120 B of the Prevention of Corruption Act, 1988. The FIR contained certain allegations which are disturbing. The allegations pertain to the functioning of this Court. On perusal of the FIR which was placed before us in the morning, we thought it necessary and proper to take up the matter immediately.
4. Therefore, permission was granted to move the matter today at 12.45 p.m. before this Court. Accordingly the papers are placed before us at 12.45 p.m.
5. Mr. Dushyant Dave, learned senior counsel makes submissions highlighting various aspects of the matter, the details of which we do not propose to make in this order. But, at the same time, we are also duty bound to place the developments that when the hearing of the matter was in progress, the Officer of the Registry placed a xerox copy of the proceedings purportedly issued by Hon’ble the Chief Justice of India, a copy of which is annexed to this Order.
6. Having regard to the totality of the circumstances, we deem it appropriate that this matter be heard by the Constitution Bench of the first five Judges in the order of seniority of this Court. Having regard to the importance of the matter, we also deem it appropriate that the matter be listed on Monday, the 13th November, 2017.
7. Having regard to the nature of the case, it is also necessary to make an interim order regarding the custody of the case diary and all the materials collected by the second respondent during the course of the investigation of the above-mentioned crime. We, therefore, deem it appropriate to direct the second respondent to produce the entire material collected by the CBI in the course of the investigation of the crime and keep it in a sealed cover and produce the same before the Constitution Bench on Monday, the 13th November, 2017.
8. Communicate this order to the second respondent forthwith.
WRIT PETITION (CIVIL) ……….OF 2017
Diary No(s). 35980/2017
Kamini Jaiswal ____________________________________ Petitioner
v.
Union of India & Anr ____________________________ Respondent(s)
Date : 09-11-2017 This petition was mentioned today.
(Before J. Chelameswar and S. Abdul Nazeer, JJ.)
For Petitioner(s) Mr. Dushyant Dave, Sr. Adv.
Ms. Kamini Jaiswal
Petitioner-in-person
For Respondent(s)
UPON being mentioned the Court made the following
Order
9. Mr. Dushyant Dave, learned senior counsel mentioned the matter and prays that due to urgency, the matter be listed today.
10. The matter is taken on Board.
11. The Registry is directed to list the matter before this Bench at 12.45 p.m. today.
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