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Constitutional LawSupreme Court of India

Kamini Jaiswal v. Union of India & Anr.

Writ Petition (Criminal) · 2017 INSC 1112Decided 14 Nov 2017
Writ Petition (Criminal) No. 176 of 2017
Justice R.K. Agrawal · Justice Arun Mishra · Justice A.M. Khanwilkar

Background

An FIR registered by the CBI on 19.9.2017 named a retired High Court judge (Justice I.M. Quddusi) and several private persons as accused in an alleged conspiracy to bribe public functionaries to secure a favourable Supreme Court order for a medical college (run by Prasad Education Trust) that had been debarred from admitting students. Advocate Kamini Jaiswal, a member of the Campaign for Judicial Accountability and Reforms (CJAR), filed this writ petition (a near-duplicate of one CJAR itself had filed a day earlier) seeking a Special Investigation Team headed by a retired CJI to probe the FIR, and separately argued that the sitting Chief Justice of India should not hear or administratively assign the matter, and that Justice A.M. Khanwilkar should recuse himself because he had been part of the bench that earlier decided the medical college's own case.

Decision Breakdown

The Court held that a preceding 5-Judge Constitution Bench order (in the companion CJAR petition) had already conclusively settled that the Chief Justice of India alone has the power to constitute Benches and allocate cases, so the petitioner's attempt to insist the matter be heard only by the five seniormost judges (by a separate, competing judicial order) could not stand and amounted to improper "forum hunting." On the recusal request, the Court found no reasonable basis for bias, holding it is a judge's duty, not a conflict of interest, to confront attempts to improperly influence proceedings, and that recusal cannot be demanded merely because a judge previously heard the related, unrelated-on-the-merits college case. On the substance, the Court noted the FIR named no sitting judge, no FIR can be registered against a sitting judge or Chief Justice without due process, and the underlying medical college matter had already been finally decided (on 18.9.2017) before any alleged bribe was even exchanged, making the conspiracy allegation implausible as a threat to this Court's actual decision-making. The petition itself was dismissed.

Lesson Learnt

Litigants cannot engineer a preferred bench through successive, identically-worded petitions filed in quick succession ("forum hunting"), and a judge's recusal cannot be demanded on vague, unsubstantiated suspicion of bias: allegations of institutional corruption, however serious, must be grounded in concrete, specific evidence rather than inference from an unrelated prior ruling.

Kamini Jaiswal v. Union of India & Anr. – Legal Case Shots | LegalAware