CAMPAIGN FOR JUDICIAL ACCOUNTABILITY AND REFORMS versus UNION OF INDIA AND OTHERS

CAMPAIGN FOR JUDICIAL ACCOUNTABILITY AND REFORMS versus UNION OF INDIA AND OTHERS

The present writ petition sought relief identical to what was already decided and dismissed in Kamini Jaiswal v. Union of India and Another. The same FIR and circumstances were under consideration, with no new grounds presented. Filing successive petitions questioning the settled decision of the Court is gross abuse of process and wholly frivolous, warranting exemplary costs.

Parties
Petitioner: Campaign for Judicial Accountability and Reforms; Respondent: Union of India
Jurisdiction
India
Judgment Date
01 December 2017
Procedural Posture
Writ Petition (criminal) / Final Order/disposition
Outcome
Petition dismissed with exemplary costs.
Legal Topics
Public Interest Litigation, Judicial Accountability, Abuse of Court Process
Constitutional Law Criminal Law Judicial Process Public Interest Litigation Judicial Accountability Abuse of Court Process

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Parties

Campaign for Judicial Accountability and Reforms

Petitioner

Union of India

Respondent

Procedural Posture

Writ Petition (criminal) / Final Order/disposition

Legal Issues

  1. 1 Whether a writ of mandamus should be issued directing constitution of a Special Investigation Team headed by a retired Chief Justice of India to investigate alleged conspiracy and bribery related to a matter pending before the Supreme Court.
  2. 2 Whether the successive filing of public interest litigations amounts to abuse of process of the court.

Ratio Decidendi

The present writ petition sought relief identical to what was already decided and dismissed in Kamini Jaiswal v. Union of India and Another. The same FIR and circumstances were under consideration, with no new grounds presented. Filing successive petitions questioning the settled decision of the Court is gross abuse of process and wholly frivolous, warranting exemplary costs.

Court Disposition

Petition dismissed with exemplary costs.

Orders

  • Petitioner to deposit Rs. 25 lakhs within six weeks with the Registry of the Supreme Court, to be transferred to Supreme Court Bar Association Advocates' Welfare Fund.