SC refuses judicial probe against ex-CJI
The Supreme Court on Monday dismissed a petition seeking a judicial probe into allegations of misconduct against former Chief Justice of India YK Sabharwal, saying it may ‘prejudice’ the appeal of journalists held guilty of contempt of court by the Delhi High Court for publishing articles against him.
“The setting up of judicial committee is not possible. It would prejudice the case of the accused person,” a Bench headed by Chief Justice KG Balakrishnan said, referring to the contempt case against the three journalists and former publisher of the Mid Day.
“Those accused are entitled to fair trial,” the Bench said, rejecting advocate Manohar Lal Sharma's petition. He contended that reckless allegations had been leveled against the former CJI and the same needed be probed to ensure that people did not lose faith in the judiciary.
The bench, however, said that the matter was already pending before it in the form of an appeal filed by the Mid Day journalists.
Maintaining that there was a “mass allegation” against a former CJI, he made a last ditch effort to get his petition tagged along with the pending appeal of Mid Day journalists.
In his petition, Sharma said: “none of the campaigners has approached the court to resolve the issue judicially and only media has been used for it.”