New Delhi: The Chief Justice of India D Y Chandrachud Thursday said he was extremely surprised when a bar member wanted a particular judge to hear his matter. The CJI made this observation while clarifying to senior advocate A M Singhvi, representing AAP leader Satyendar Jain, that his client’s case was listed before Justice Bela Trivedi because Justice AS Bopanna wrote to the registry that he won't be able to hear the case due to medical reasons.
"It is very easy to fling allegations and letters," an anguished CJI said. Justice Chandrachud made the remark in the context of an unsavoury row that has erupted in the top court after two senior members of the Bar-Dushyant Dave and Prashant Bhushan-wrote separate letters to him voicing their angst over "certain happenings" in the listing of cases and their reallocation to benches other than those that were supposed to hear them.
A bench headed by CJI and comprising justices J B Pardiwala and Manoj Misra told Singhvi that the court had the papers looked at. The CJI said in September 2023, the bench said to list the matter on 25 September 2023, and then Justice Bopanna and Justice Trivedi said to list the matter on 24 November which would be after Diwali break.
“In the meanwhile, the interim bail granted earlier is extended till the next date of hearing, which is November 24, 2023. Thereafter, the matter comes up on November 24, before a bench of justices Bela M Trivedi and Satish Chandra Sharma”, said the CJI. Singhvi said it was adjourned twice after that.
The CJI said, “On November 24, that bench says list the matter on December 4, interim orders to continue till December 4. On December 4, it says to list on December 11, interim order to continue. Now, finally, on December 11, it says at the request of senior counsel list the matter on December 14. Now, I tell you one thing because a lot of letters are flung around at the registry saying why the matter was pulled out”.
CJI said, “I tell you the reason for it. It is very easy to fling letters and allegations…there was a communication from the office of Justice A S Bopanna, I do not want to disclose the reasons why he is not on duty that will infringe on his privacy but I can only say for medical reasons my lord didn’t resume duty after Diwali vacation. There is a communication from his residential office to the registry…..therefore, this matter was assigned on November 21, 2023 to Justice Trivedi who was part of the bench. There are medical reasons for the learned judge not to be on duty…..”
The CJI said Justice Bopanna said that all matters which were heard by him should be kept as de-part heard, therefore this matter was assigned to Justice Trivedi who had last heard the matter.
CJI said “She (Justice Trivedi) will take a call as I told you it is none of my business what the judge does on the judicial side. The learned judge will take a call on what is to be done about the matter. The reason why the judge has to hear the matter is because there is an application for extension of interim bail. He has been granted interim bail for a certain period that bail sought to be extended…otherwise, your client will have to surrender if the judge doesn’t hear”.
