The Supreme Court appointed a committee headed through a former choose to probe allegations that Chief Justice of India Ranjan Gogoi has been framed in a false case of sexual harassment (this case may be heard separately by SC these days) with the aid of “fixers”. “The manner the organization (Supreme Court) has been dealt with inside the ultimate three-four years, it’s far going to die. There is a scientific game,” the court docket stated regarding tries made to “affect” court docket proceedings.
This, but, is not the primary time “bench solving” has made it to the top court docket. In felony parlance, “bench fixing”, “bench hunting” or “forum purchasing” refers to petitioners coping with to get their instances heard by way of a specific decision or courtroom to ensure a beneficial order.
Last yr on January, 4 senior SC judges, who comprised the collegium on the time (consisting of Justice Ranjan Gogoi), met the clicking and raised questions about the functioning of the then leader justice (Dipak Misra) in assigning instances to unique benches.
Later a PIL echoing the ‘bench solving’ price leveled by way of the judges said that the prerogative of which petition goes to which judge need to not be vested most effective within the CJI but at the same time exercised via the 5 seniormost judges.
In 2014, listening to a case wherein an excessive court had canceled the anticipatory bail of an accused on the ground that they had indulged in “bench hunting”.
In the Sahara Judgment delivered by way of the two Judge Bench which includes Justice Radhakrishnan and Justice Khehar, the Supreme Court got here down closely on Senior Counsels with the aid of announcing that “if it turned into found out recommend’s posturing antics, aimed at bench-looking or bench-hopping (or need to we are saying, bench-fending off), we’d now not permit that. Affronts, jibes, and carefully and consciously deliberate snubs could not deter us, from discharging our arduous responsibility”
Hearing the case of a organisation that had approached at least four high courts for relief, the apex courtroom had in 2016 listed out specific varieties of forum shopping – approaching special courts for alleviation, growing conditions to take the jurisdiction to a selected court docket, taking gain of contrasting perspectives on an difficulty held via two courts, approaching specific courts for the same remedy by means of making minor adjustments in the petition or making allegations of a struggle of hobby against a judge requiring the judge to recuse from the lawsuits in order that the matter can be transferred to another judge.