Adv. Avani
Chidambaram case reveals the loopholes of Indian legal system
Adv. Avani Bansal 23 Aug 2019

Chidambaram case reveals the loopholes of Indian legal system

On @TimesNow. Here are points I make :


1) Why did the SC not hear plea for urgent listing in Chidambaram's case ? Did you know that Mr. Sibal prayed before Justice Ramana that thr SC should stay any arrest by CBI until the Court has heard Mr. Chidambaram. Justice Ramana said that he can't  list the matter out of turn. Except just 4 days prior Justice Ramana had passed an order on mentioning by Tushar Mehta, even when that matter wasn't listed. Why this difference? Shouldnt the law be same for all? No one is claiming special privilege for Mr. Chidambaram but he cannot be discriminated either because he is a former Finance Minister. 


2) There should be an online registry system at Supreme Court such that there is no human interference in deciding when a matter is listed. 


3) ABOUT 150 senior members of the Supreme Court Bar Association (SCBA) have shot off a letter to the association’s executive body, stressing that the Chief Justice of India (CJI) Ranjan Gogoi be urged for urgent listing of P Chidambaram’s petition.


“Mr Chidambaram is a member of the Bar with more than 40 years of experience, 35 years out of which he has been senior advocate,” it said.


We expect an even-handed approach of the honourable court without, in any manner commenting on the merits of the Special Leave Petition (SLP) filed by Mr Chidambaram, we are disappointed that even a hearing was denied to him when in cases of protecting personal liberties, the honourable Supreme Court has been very proactive.”


If normal procedure of urgent listing is not followed, the edifice of our constitutional values would be slowly dismantled. The denial of urgent listing is a matter of anticipatory bail of a senior member of the Bar leads us to conclude that the rule of law and democracy are in peril.”


In a case relating to Bhushan Steel's former chief financial officer and director Nittin Johari, Justice Ramana passed an order, staying the Delhi High Court decision.


The case, filed by the Serious Fraud Investigation Office (SFIO) had not been listed but the judge did pass an order upon a mentioning made by Solicitor General Tushar Mehta.


While the SFIO had arrested Johri for alleged fraudulent activities, including filing false documents with various banks, the Delhi High Court granted bail to him on August 14, noting "the broad probabilities of this case justify release of petitioner (on bail)".


The SFIO, through the SG, moved the Supreme Court against this order on August 16, and a mentioning was made before Justice Ramana, who passed an order even though the matter was not listed at that point of time.


On Wednesday, Sibal sought to remind Justice Ramana of this order when the judge indicated that he cannot protect Chidambaram in the interim by staying the Delhi High Court order.


Sibal told the judge that he could pass a similar order in Chidambaram's case also but Justice Ramana declined his plea. "That was a different case. He was going abroad," said Justice Ramana, snubbing the plea to grant interim protection from arrest to Chidambaram.


Note - Remember Justice Ramanna will be elevated as CJI. 


Source : https://theleaflet.in/rule-of-law-and-democracy-in-peril-says-senior-lawyers-after-sc-refuses-urgent-listing-of-chidambarams-petition/

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Md.Shaukat Khan   27 Aug 2019 1:25am
Justice is equal for all and every Indian has right to get justice ,but discretionary power goes to the judge to decide and we should respect it.
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prahlad karki   26 Aug 2019 8:44pm
useful facts
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