The court says "due process must be followed."
The apex court rejected the petition filed by lawyer Kamini Jaiswal, making it clear that the CBI’s FIR was not against any judge and neither was it possible to lodge such a complaint against a judge.
A three-judge SC bench held that the allegations made by petitioner Kamini Jaiswal and her counsel Prashant Bhushan against Chief Justice Dipak Misra were “derogatory and contemptuous” but desisted from initiating contempt proceedings “in the hope that goodwill will prevai."
The bench, comrising justices RK Agarwal, Justice AK Mishra and Justice A M Khanwilkar, said dismissed the plea seeking SIT probe into possible role of sitting HC and SC judges on grounds of impropriety like “forum shopping” and contempt.
The bench on Monday had reserved the order after a 90-minute hearing in which advocate Kamini Jaiswal and her lawyers including senior advocate Shanti Bhushan and counsel Prashant Bhushan were questioned for filing two identical petitions with similarly-worded averments and annexures.
During the hearing, activist advocates, who pressed hard for an SIT probe into an alleged case of bribery in the name of judges, faced a barrage of questions from the bench which said they were indulging in "forum shopping" and "impropriety".
The bench observed that “the damage has been done to the institution by filing of such a plea and unnecessary doubts were raised on its integrity.”
The petition had claimed that allegations of bribery were levelled for securing settlement of cases relating to medical colleges in which a retired Orissa High Court judge, Ishrat Masroor Quddusi, is also an accused.