Thursday, April 25, 2019

SC seeks help of CBI, IB, cops to probe role of ‘fixers’ in judiciary

‘System Will Not Survive If Charges Are True’


AmitAnand.Choudhary@timesgroup.com

New Delhi:25.04.2019

The Supreme Court on Wednesday sought the assistance of top investigating and intelligence agencies to probe a “set of fixers” in the judiciary who allegedly seek to manipulate judicial proceedings and have been accused of conspiring with a corporate figure to frame the Chief Justice of India in a sexual harassment case.

The court took a serious view of the allegations after it was informed that two SC staff members who were recently sacked for altering an order in the industrialist Anil Ambani contempt case, acted in league with the dismissed woman employee who has accused CJI Ranjan Gogoi of sexual harassment.

Keen to swiftly settle the controversy arising out of a lawyer’s sensational claim that there is a “cash-for-judgment club” operating in Delhi to influence court proceedings, a special bench comprising Justices Arun Mishra, R F Nariman and Deepak Gupta called the heads of the CBI, the Intelligence Bureau and Delhi Police for in-camera consultations. The bench justified the decision stressing that allegations made by lawyer Utsav Bains that he was offered a bribe of ₹1.5 crore by a person named Ajay to frame CJI Ranjan Gogoi in a false case of sexual harassment and three dismissed SC employees ganging up with “fixers” was very serious.

“He says fixing game is going on in SC. It is a matter of grave concern for the system. Fixing has no place in the system. He has named a fixer and we want to go to the root of the matter. Fixers have to be booked. We need to find out who are these fixers. We will inquire and inquire and inquire and take it to the logical conclusion,” the bench said.



Our responsibility to keep this institution clean & ensure image is not tarnished: SC

Asking the chiefs of the CBI, IB and Delhi Police to reach the apex court for urgent consultations, the bench said, “We and this system will not survive if the allegations are true. We have to find out the truth at all levels. Can we keep our eyes shut? The entire country will lose faith in the system.”

The three top officers who met the judges were asked to “seize the relevant material” in order to support the contents of the affidavit furnished by Utsav Bains. “Considering the seriousness of the allegations as the system has absolutely no place for such fixers, we cannot leave the matter at that. It becomes our responsibility to keep this institution clean as well as to ensure that the image of this institution is not tarnished by such allegations to undertake the probe in the matter,” the court said in its order.

In the course of proceedings, senior advocate Indira Jaising contended that any probe into roles of fixers and a larger conspiracy should not hamper the in-house probe against the CJI on the sexual harassment complaint. The bench made it clear that in-house proceedings will go on but a separate investigation was needed on the larger conspiracy and role of fixers.

The lawyer contended that an attempt was made by a corporate figure to influence an SC judge to deliver a favourable order, failing which he sought to get the case moved to another court. Both attempts failed, Bains said, quoting what he said was information from a reliable source. The attempt to dislodge the CJI followed this incident, he claimed.

After their meeting with the officers of agencies they had called, the bench assembled again to hear submissions on an affidavit filed by Bains who alleged that the sexual harassment charge against the CJI by a dismissed court staffer was part of a larger conspiracy involving a corporate figure who, along with members of a “fixers club”, has tried to frame the CJI to pressure him to resign. He also placed materials and evidence in a sealed envelope before the bench to substantiate his allegations.

The lawyer said he had some additional information and evidence but expressed reluctance to place some of the privileged communication before the bench. The bench, however, said it is of the prima facie opinion that the lawyer could not claim privilege in the present case involving conspiracy of a serious nature. The court asked attorney general K K Venugopal to assist the court on the issue.

Full report on www.toi.in



In an affidavit, the lawyer alleged that CJI Ranjan Gogoi was being targeted because he took decisive steps to insulate the judiciary from fixers

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