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Judiciary

‘Will not control the judge,’ CJI refuses to interfere in AAP leader's bail plea posting

By LAWSTREET NEWS NETWORK      15 December, 2023 01:53 PM      0 Comments

NEW DELHI: The Chief Justice of India D Y Chandrachud on Thursday declined to intervene into the listing of the bail plea by former Delhi Minister and senior AAP leader Satyendar Jain, saying that he will not control what the concerned judge is doing in a particular matter listed before her, as only the judge who has the case will decide on it.

Jain had questioned the fixing of his petition for bail in a money laundering case before a bench led by Justice Bela M Trivedi.

Sr. Adv. Abhishek Manu Singhvi for Jain mentioned the matter before the bench led by CJI and also comprising Justices J B Pardiwala and Manoj Misra.

Singhvi said the matter should be deferred. He submitted that the matter was earlier heard by a bench headed by Justice AS Bopanna.

“This case was listed before Justice Bopanna. He had heard it for 2.5 hours. Now the case is listed before Justice Bela Trivedi,” he said. However, CJI rejected Singhvi’s submissions.

“I will not control what the judge is doing in the matter listed before her. The judge who has the case will decide. I cannot. I cannot take a call,” the CJI said.

Singhvi asked the CJI to examine the case papers once. He insisted he was seeking only deferment of hearing in the case.  

However, the CJI, on his part, said that only the judge before whom the matter is listed, will take a call. 

“I will not,” he said.

The Enforcement Directorate had arrested the AAP leader in May, 2022 on the charge of laundering money through companies allegedly linked to him. In May this year, the apex court granted interim bail to Jain for six weeks for spinal surgery. After this, the relief granted to him has been extended several times.

Former President of Supreme Court Bar Association (SCBA) Dushyant Dave Dushyant Dave had recently alleged shifting of sensitive cases from the first coram to the second Coram judge.

However, SCBA president Adish C Aggarwala countered him, claiming the move is aimed at attracting publicity and creating an element of uneasiness among the judges, and to attract some select clientele whose brief lacks anything on merit. 



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