KAMINI JAISWAL versus UNION OF INDIA & ANR.

KAMINI JAISWAL versus UNION OF INDIA & ANR.

The filing of two successive, identically worded petitions constituted impermissible forum hunting and amounted to contempt of court, wrongly presupposing involvement of judiciary in investigation. The Constitution Bench held that the Chief Justice of India is the master of roster and only he has authority to constitute Benches; contrary orders are ineffective. Attempts to seek recusal of a judge and making scandalous remarks against judiciary are deprecated and amount to interference with administration of justice. Articles 142 and 144 do not apply in the manner argued by the petitioner.

Parties
Petitioner: Kamini Jaiswal; Respondents: Union of India & Anr.
Jurisdiction
India
Judgment Date
14 November 2017
Procedural Posture
Writ Petition (criminal) / Final Judgment
Outcome
Petition dismissed
Legal Topics
Forum Hunting, Recusal of Judges, Contempt of Court, Master of Roster, Judicial Independence
Constitutional Law Judicial Administration Forum Hunting Recusal of Judges Contempt of Court Master of Roster Judicial Independence

Case Brief

Summary, issues, holding and outcome

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Parties

Kamini Jaiswal

Petitioner

Union of India & Anr.

Respondents

Procedural Posture

Writ Petition (criminal) / Final Judgment

Legal Issues

  1. 1 Whether the Chief Justice of India is the master of roster and can constitute Benches.
  2. 2 Whether forum hunting and filing successive petitions amounts to contempt of court.
  3. 3 Whether Article 144 and Article 142 of the Constitution bind the Supreme Court regarding Bench compositions.

Ratio Decidendi

The filing of two successive, identically worded petitions constituted impermissible forum hunting and amounted to contempt of court, wrongly presupposing involvement of judiciary in investigation. The Constitution Bench held that the Chief Justice of India is the master of roster and only he has authority to constitute Benches; contrary orders are ineffective. Attempts to seek recusal of a judge and making scandalous remarks against judiciary are deprecated and amount to interference with administration of justice. Articles 142 and 144 do not apply in the manner argued by the petitioner.

Court Disposition

Petition dismissed

Orders

  • The petition is liable to be dismissed and is hereby dismissed.