The Supreme Court today allowed former Arunachal Pradesh Chief Minister Kalikho Pul's widow to withdraw her letter for CBI or NIA probe into the allegations levelled in his purported suicide note against some former and serving persons holding constitutional posts and politicians.
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.
He also expressed reservations over the CJI setting up a two-judge bench to dispose of this "sensitive" matter, saying that in the matter of Calcutta High Court Judge, Justice C S Karnan, the CJI had constituted a seven-judge bench.
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.
"We would like to know how this matter has been listed before this court. It has to be dealt with in administrative side," Dave told a two-judge bench of Justices Adarsh Kumar Goel and U U Lalit while seeking recusal of the former from hearing the matter on the ground that he was a member in the bench at the Punjab and Haryana High Court when CJI Khehar was also a judge there.
"We are surprised that it has been listed in the judicial
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.
"I pray that these allegations are not right. It is sending an extremely wrong signal about this institution of justice," Dave said while unsuccessfully trying to rake up the Birla-Sahara diary case which the apex court had last month dismissed.
"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.
"I have the highest respect for you. But my question is why this matter has been listed in court number 13 of the Supreme Court. Why not in other courts like court number 6, 7, 8, 9 or 10," Dave said.
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.
When the bench reminded him that it has been listed in judicial side under the CJI's order, he said, "I am entitled to question that and I will be questioning it".
"On Monday, some development took place. A former judge of this court also met me. I beg your lordships to stay away from hearing this matter. We will take our other remedies," Dave said while seeking permission to withdraw the letter.
(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.
"Ever since the (suicide) note surfaced in the media, my family including myself, my children and relatives have been subjected to various threats from different quarters," she has claimed.
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.
