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The plea regarding bribery of five judges was referred to a Constitution Bench on Thursday by The Supreme Court of India. The plea related to bribe being taken for favourable settlement of the case in the favour of Prasad Educational Trust. A Special Investigation Team (SIT) headed by the retired Chief Justice of India has been put in motion for the investigation of the case. The reason for appointing and an independent team for investigation is because investigation into such high level of criminal conspiracy, investigation by the CBI which is controlled by the government itself would be compromising with the independence level at which the judiciary runs. On 19th September, FIR was filed by the CBI on the information that there has been a conspiracy between some people in which a Retired Judge of Orissa High Court, J. I.M. Quddusi and several officers of Prasad Education Trust were involved for bribing the judges of The High Court and Supreme Court for obtaining a judgement in their favour. In the investigation conducted by the CBI, around 2 Crores were seized and the conspirators were arrested. The bench comprising Justices J. Chelameswar and S. Abdul Nazeer have ordered the CBI to keep all the relevant documents in safe custody and produce the same before the Constitution bench. The foundation for these charges were raised in the petition filed by Lawyer Kamini Jaiswal through Senior Advocate Dushyant Dave, before a bench led by CJI Dipak MIsra. The decision that the five-senior most judges should compromise the Constitution bench was challenged by Mr. Dave that CJI should not be a part of the Constitution Bench because the case relating to medical admission matters from where all of this started and the CBI’s FIR was registered was heard by CJI himself and he should neither be made part of the judicial nor the administrative side. Justice C. left it at the ambiguity that it is the duty of the court to decide or the ball will be left in the court of CJI to rescue himself or answer pleas for his rescue. The matter is up for further hearing on 13th November 2017.
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