The Hindu : National : Plea against former CJI dismissed

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Tuesday, Oct 30, 2007
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Plea against former CJI dismissed

Legal Correspondent

Petition sought probe into charges

New Delhi: The Supreme Court on Monday dismissed at the admission stage itself a public interest litigation petition seeking a direction to set up a judicial committee to probe allegations against the former Chief Justice of India Y.K. Sabharwal on the orders passed in the ‘sealing cases’ in the capital.

A Bench consisting of Chief Justice K.G. Balakrishnan and Justice R.V. Raveendran dismissed the petition filed by advocate Manohar Lal Sharma.

Allegations damaging

He said certain allegations against Justice Sabharwal, published in newspapers, were damaging to the dignity of the judicial system. He said he was filing this petition for protecting the dignity, integrity and respect of the judiciary against the mala fide campaigning against Mr. Justice Sabharwal.

Mr. Sharma said the former Chief Justices J.S. Verma and V.N. Khare, the retired Supreme Court judge V.R. Krishna Iyer and Justice P.B. Sawant had issued a statement that a judicial probe would end the controversy. He said, “The democratic structure stands upon the faith and belief of the people in the judiciary. Any damage/injury to the judiciary will destroy the entire basic structure.”

The petitioner said the conduct of a former judge could be enquired into under the Judges (Protection) Act, 1985, which provided for action against any person “who is or was judge.”

The highest court of the land was duty-bound to maintain and establish the truth, he said.

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