The apex court's order came after the advocate appearing for the former chief minister's wife, Dangwimsai Pul, said Chief Justice of India J S Khehar should not have ordered this issue to be taken up in the judicial side as there are serious allegations.
An assertive senior counsel Dushyant Dave, appearing for Pul, said the matter should be dealt with in administrative side as the dismissal of the case in the judicial side would render the former Chief Minister's widow remediless.
However, in the case in hand "which has far more serious implications", the CJI went ahead with the two-judge bench which he should not have done himself as there were serious allegations and setting up of a bench should have been left to the third senior-most judge of the apex court, Dave said.
The senior advocate said he was refraining himself from saying many things in the open court and added that fresh developments have taken place and a former judge of the apex court has met him.
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side. Please recuse yourself from hearing. Do not go into it. The content of the suicide note is very sensitive. This institution is far more important for all of us," Dave told the bench which refused his plea for recusal of Justice Goel.
"If this court will take up this matter, it will send an extremely wrong message that this court is willing to take this matter in judicial side," the lawyer said.
"This petition has to go to the President or the Vice President. ... It is something which calls for an extra- ordinary independent investigation," he said.
"You should confine yourself to your matter. Do not go into other matter," a visibly upset Justice Lalit said.
Realising that the bench was not inclined to deviate or allow raking up of other issues, Dave came back to the original submission and said he wanted to know how this matter came up for hearing before the court in judicial side.
However, the bench said, "this matter has been listed in the court under the order of the Chief Justice".
When the bench declined the plea for recusal of Justice Goel, the senior advocate decided to withdraw the matter.
"Permit me to withdraw it. I will take my other remedies We are worried that your lordships want to take it in judicial side. We do not want this. We are anxious about it. Registry was not supposed to list it before the court," he said.
(Reopens LGD20)
In an appeal to the CJI, a copy of which she made public at a press conference here last week, Dangwimsai Pul had said "it is essential that an FIR be registered on the basis of the allegations contained in it (suicide note) and the case be investigated by the CBI since the primary allegations are of corruption of judges at the highest level."
She had also alleged that her family was getting threats and she was advised not to hold the press conference in which she made the late chief minister's suicide note public.
Pul had committed suicide on August 9 last year and his body was found hanging in the official residence of the Chief Minister at Itanagar.
After months of intense political developments, Pul had taken over the reins of Arunachal Pradesh on February 19, 2016 for a brief period but had to relinquish the job following a Supreme Court order in July.
"We want a free and fair probe in this case (into his death) and action according to law against those who are guilty of corruption," Dangwimsai had said at the press conference.