Rapping the Chief Justice of the High Court for constituting a two-Judge Committee by which he clearly traversed beyond his jurisdictional authority under the "in-house procedure", a bench headed by Justice J S Kehar also said the HC CJ should be kept out of the procedure of inquiry.
The bench said the role of the Madhya Pradesh High Court Chief Justice should be given to his counterpart of some other High Court. Or else, it suggested that the Chief Justice of India himself assume that role as "the Chief Justice of the High Court, in the present case, travelled beyond the determinative authority vested in him, under stage-one of the in-house procedure."
"The Chief Justice of the High Court is accordingly directed to divest Justice 'A', of the administrative and supervisory control vested in him, to the extent expressed above," the bench, also comprising Justice Arun Mishra, said in its 71-page judgement in which the alleged victim has been referred to as "X judge" and sitting High Court Judge as "Judge A".
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