Allegation against CJI: Affidavit on Supreme Court 'fixers' waylays proceedings

What started off as a suo moto hearing in Supreme Court on an affidavit disclosing alleged acts of sexual misconduct by the Chief Justice of India Ranjan Gogoi, took a different course on Wednesday. The focus shifted to a fresh affidavit filed by a lawyer, totally unconnected to the case, claiming evidence of middlemen, corporate figures and former employees of the apex court who are out to defame the CJI.

The shift of stand also left the Supreme Court Bar confused. Senior advocate Indira Jaising, who represented women lawyers of the Supreme Court, told the bench comprising Justices Arun Mishra, RF Nariman and Deepak Gupta that there is extreme anger among the professionals she represents about the way this case is being heard.

She pointed out that the suo moto proceeding was first heard on Saturday by a bench headed by CJI Ranjan Gogoi. It described the affidavit filed by an ex-SC employee as an assault on the independence of the judiciary.

She wondered if the fresh affidavit by a lawyer Utsav Singh Bains, claiming the allegation to be a conspiracy, would prejudice the earlier affidavit, particularly when an in-house panel has been constituted to hear out the lawyer on Friday.

The bench mistook Jaising as appearing for the lawyer who accused the CJI of misconduct. She clarified she was appearing as an officer of the Court. The bench assured her that "any order passed on the judicial side shall not affect the matter on the administrative side (pertaining to the in-house committee)."

The bench clarified that it would only examine Bains' affidavit to expose the conspiracy.

As Bains claimed to have sensitive evidence about persons involved in a "fixing racket" in the apex court, Jaising wondered about the special treatment extended to him. Attorney General KK Venugopal supported her view and wondered whether the information supplied by Bains was credible as it had no accompanying affidavit and was based on facts on which he claimed privilege.

The A-G also shared a Facebook post by Bains describing the present allegation against CJI to be the handiwork of disgruntled SC judges. Bains termed A-G's argument as ridiculous, prompting the Solicitor General to demand an apology. Justice Nariman intervened saying, "You (Bains) cannot have an iota of doubt about what the A-G says. If you do so, you will be thrown out of the court." Taking umbrage, Bains decided to walk out of the courtroom but was stopped by Justice Mishra who said, "Be polite. We are only saying throw away your anger."

Jaising asked how a person, unconnected to the parties appearing in the case, could file an affidavit and gain entry inside the court's secured zone in a car without security sticker on Monday. On her query as to who waived aside the rules for him, the Court told Jaising to leave that issue.

Law And Order

A day of interruptions, confusion and plots within plots

• SC was presiding over a suo moto hearing of an affidavit disclosing alleged acts of sexual misconduct by CJI Ranjan Gogoi
• Advocate Indira Jaising wondered if the new affidavit about conspiracy would prejudice the earlier one, to be heard by an in-house panel
• The bench mistook Jaising as appearing for the aggrieved lawyer. She clarified she was appearing as an officer of the Court. 
• Bench assured her that “any order passed on the judicial side shall not affect the matter on the administrative side