A bench comprising Justices Dipak Misra and Prafulla C Pant rejected the plea filed by lawyer Prashant Bhushan against the PCI Chairman.
"In our considered opinion, the Supreme Court judgement in the Lalita Kumari case (which mandates registration of FIR in certain cases) is not applicable in the present facts of the present case," the bench said.
"The orders, may be absurd, of the high courts and Supreme Court judges, cannot be allowed to be challenged in this manner," the bench said.
The observation came when senior advocate Shanti Bhushan, appearing for his lawyer son, Prashant, said, "it's an open and shut case and FIR should be registered. Just because he happens to be a Supreme Court judge, it should not be denied."
The PIL alleged that Justice Prasad, during his tenure as Supreme Court judge, passed an order directing listing of a civil appeal before him which was previously pending before another bench.
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