SC agrees to examine Shanti Bhushan's PIL on CJI's power to allocate cases

The Supreme Court today decided to examine a plea challenging the existing roster system and powers of the Chief Justice of India to allocate cases while observing that the CJI's position as 'master of roster' cannot be "disputed".

The apex court prime facie did not agree with contention of former Law Minister Shanti Bhushan, who has filed the PIL, that the collegium of five-senior most judges should be entrusted with the task of allocating cases and asked Attorney General K K Venugopal to assist the court in the matter.

A bench comprising justices A K Sikri and Ashok Bhushan also took strong exception when an attempt was made to rake up the issue of the unprecedented January 12 press conference by four seniormost top court judges -- J Chelameswar, Ranjan Gogoi, M B Lokur and Kurian Joseph -- who had accused CJI Dipak Misra of arbitrarily allocating cases.

"We are not going to go into it. We are not concerned with it for many reasons and obvious reasons. Do not say all this. Do not bring it here," the bench told senior advocate Dushyant Dave, who was representing Bhushan.

"Prima facie, I do not think that the collegium should be entrusted with the task of allocating cases. You can come out with suggestions," Justice Sikri observed.

Dave questioned the manner in which cases were allocated and claimed that though there were Supreme Court rules which the registry was bound to follow while listing a petition, the CJI was using his discretion in some "exceptional matters".

He argued that in a democracy, there was "nothing called absolute discretion" and said there were matters which were "sensitive" for the nation and for survival of the democracy.

However, Justice Ashok Bhushan observed, "It would be very difficult to decide which is a sensitive matter and which is not. For you, some matters will be sensitive but for others, it may not be sensitive. It is difficult to decide."
"It cannot be expected that the collegium will sit everyday or two-three days a week for this only. It is not a feasible solution," the court observed, adding, "Now another question rises. Whether all this is justiciable or not?"
"The problem is that we are troubled. Truly troubled. We are not against any individual. This is the highest court of this land. We have to respect the institution. We are troubled how it is being handled today. We are not attributing any motives to anyone," he said, adding, "it is very painful for us having practiced in this institution for 40-45 years."
However, Justice Sikri asked, "Can this all be done in the judicial side?"