SC upset with advocate casting aspersions on Bombay HC CJ
The Supreme Court on Wednesday took strong exception to an allegation by a Mumbai-based advocate for casting aspersions on the Chief Justice of Bombay High Court for indulging in favouritism based on caste in the transfer of judges in subordinate judiciary in Maharashtra.
A bench headed by Chief Justice K G Balakrishan issued notice to the Maharashtra government seeking its response for initiating action against the advocate, who after filing the petition reached the media for publication of scandalous remarks.
"Why action should not be taken against the advocate," the Bench, also comprising Justices P Sathasivam and J M Panchal, said in the order after Solicitor General G E Vahanvati asserted that the PIL was "scandalous" and total abuse of law.
"The allegations are against the Chief Justice of Bombay High Court. Its a high time to protect judiciary," the Solicitor General submitted.
The PIL filed by advocate Rohin N Pandya and Pankaj Kotecha, claiming himself to be a social worker, had alleged that the Bombay High Court Chief Justice, who is a Marwadi by caste, was favouring judges belonging to his community by giving them posting in Mumbai and at other important places.
The petitioners had alleged that the brain behind transfers of judges by favouring members of particular community was the Registrar of the High Court who was also Marwadi by caste.
When the matter came for hearing, an attempt was made by the counsel for Pandya and Kotecha, to withdraw it by saying that the petition has become infructous.
However, Vahanvati objected the stand taken by the advocate for petitioners and sought Court's indulgence for filing PIL with malafide intention.
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