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Court takes exception to lawyer’s charge

Legal Correspondent

New Delhi: The Supreme Court on Wednesday took strong exception to aspersions cast by a Mumbai-based advocate on the Chief Justice of the Bombay High Court for allegedly favouring judges on caste basis during their transfer in Maharashtra’s subordinate judiciary.

A Bench comprising Chief Justice K.G. Balakrishnan and Justices P. Sathasivam and J.M. Panchal issued notice to the Maharashtra government for its response to initiate action against the advocate concerned for filing such a petition.

“Petition scandalous”

Solicitor-General G. E. Vahanvati submitted that the public interest litigation petition was scandalous and total abuse of law. He said “the allegations are against the Chief Justice of the Bombay High Court. It is high time to protect the judiciary.”

The petition by advocate Rohin N. Pandya and Pankaj Kotecha alleged that the Bombay High Court Chief Justice, a Marwari by caste, was favouring judges belonging to his community by giving them postings in Mumbai and other important places. They alleged that the brain behind the transfer of judges was the High Court Registrar, who was also a Marwari.

When the matter was taken up, counsel for petitioners pleaded for withdrawing the PIL saying it had become infructuous.

Mr. Vahanvati objected to this and urged the court to initiate action against the petitioners for filing the PIL with a mala fide intention. The CJI suggested that Mr. Vahanvati report the conduct of the advocate to the Bar Council of India.

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