Published: Mon, January 22, 2018
Global News | By Stacy Ballard

Judge Loya death: CJI to hear case tomorrow

Judge Loya death: CJI to hear case tomorrow

File image of the Supreme Court of India.

Bhushan's second charge against Justice Misra dealt with the "alleged misuse of his administrative powers by ignoring the clear principle of conflict of interest and proceeding with hearing of a petition for an independent inquiry by a former CJI into the irregularities in the Prasad Education Trust matter".

At Thursday's meeting, a source close to one of the four judges said there were other judges who have been actively having parleys with the CJI and the four dissenting judges to resolve the crisis.

The complaint also questioned Justice Misra's denial of permission to the CBI to register a case against Justice Narayan Shukla of the Allahabad High Court in the Prasad Education Trust matter.

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Two months ago, judge Loya's relatives said his death was unnatural.

The subject fuelled more controversy on January 12 this year when the CJI was accused by the four other senior-most judges of assigning key cases to relatively junior judges, the insinuation being he was trying to influence outcomes. At an informal meeting of all judges of the Supreme Court that was convened by the Chief Justice following last Friday's press conference by the four judges, Justice Arun Mishra had reportedly expressed his displeasure against his name being dragged into a controversy by his seniors.

The case will continue to be with the CJI's bench.

Earlier, the case was assigned for Justice Arun Mishra's bench.

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They included justices S A Bobde and L Nageswara Rao, who had visited Justice Chelameswar's official residence here a few times since the January 12 news conference.The top four judges had gone public with their grievances against the Chief Justice of India, saying "unless the judiciary was preserved, democracy can't be protected in the country".

A bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and D Chandrachud had said that an appropriate bench of the apex court would hear the petitions filed by Congress leader Tehseen Poonawalla and Maharashtra journalist BS Lone.

He said that a system for allocation of cases identical to that in the Delhi High Court is followed in the Bombay High Court.

There is a likelihood that the CJI and the four judges would meet on Monday before the court commences hearings, the sources said.

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