The Supreme Court on Monday dismissed a plea challenging a Delhi High Court verdict rejecting a PIL seeking CBI probe into the allegation of former apex court judge Justice Markandey Katju that a former CJI had made “improper compromises” to allegedly favour a Madras High Court judge despite adverse intelligence report against him.
“We do not see any infirmity in the order passed by the Delhi High Court. The special leave petition is dismissed,” a bench comprising Chief Justice H L Dattu and Justice Amitava Roy said.
The hearing saw an exchange of words between lawyer R P Luthra, who had filed the appeal, and the bench as the former kept asking for a “reasoned order”.
“Please throw me out of the court if there is no merit in my case, but please pass a reasoned order,” he said.
He also objected to presence of a Delhi Police personnel behind him when he was addressing the court.
“Don’t worry about that. We have had our own difficulties in past when a person appears in person to argue the case. This is the part of the security concerns … They (cops) will not stop you. You argue your case and do not divert the issue,” the bench said.
After hearing for a while, when the bench ordered dismissal of the plea, the lawyer raised his pitch.
“Enough. You please stop,” the bench said and asked the court staff to call for the next case.
During the brief hearing, the lawyer referred to the HC verdict and said he was not challenging the appointment of the judge concerned who has already died but was rather seeking a probe into the “revelations” by Justice Katju in his blog.
Luthra also said he would leave practice if he cannot get justice as he kept on insisting for a reasoned order.
Earlier, the High Court had dismissed the PIL saying that statements in a blog are personal opinion and cannot be treated as evidence. Katju had alleged that a former CJI made “improper compromises” and “succumbed to political pressure” in allowing a Tamil Nadu judge to continue despite an “adverse” Intelligence Bureau report on allegations of corruption against him. He had alleged the former CJI had compromised at the instance of UPA government in the wake of pressure from one of its allies, apparently DMK, a charge rubbished by the parties.