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Considering the seriousness and urgency of the matter wherein it was alleged that attempts were made to bribe some Supreme Court judges in the matters relating to Medical admission scam, the Supreme Court bench of Justices J.Chelameswar and S.Abdul Nazeer, today referred a petition filed by advocate Kamini Jaiswal, seeking fair and independent investigation into the allegations of bribery to settle a pending case, to a Constitution bench of five senior - most judges of the Supreme Court, to hear on 13th November, 2017
The petition highlighted that a case was registered by the Central Bureau of Investigation against Retired Orissa High Court Judge, Justice IM Quddusi containing serious allegations of corruption implicating the said Judge under Section 8 of the Prevention of Corruption Act, 1988 and Section 120B of Indian Penal Code.
The Court, hence, agreed to hear the matter and observed that the FIR contained certain allegations which are disturbing and the allegations pertain to the functioning of the Court and so they thought it necessary and proper to take up the matter immediately.
Arguing on behalf of Jaiswal, senior counsel, Dushyant Dave submitted that the Chief Justice of India, Dipak Misra, should not be a part of the Constitution bench to hear this matter, because he had heard the pending matter, in which the allegations of bribery were made. Justice Chelameswar after referring to his order said that the bench would comprise of the first five Judges, leaving it ambiguous whether the CJI would be part of it, or whether it would be up to him to recuse himself or answer pleas for his recusal from the counsel.
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