Retd Justice AK Patnaik To Probe ‘Conspiracy Claims’ Against CJI

The Supreme Court has appointed Justice (Retd) Patnaik to look into the allegations raised by Advocate Utsav Bains.

(From L-R) Former CBI Director Alok Verma, CJI Ranjan Gogoi, and Justice (Retd) AK Patnaik.

(Photo: Erum Gour/The Quint)

The Supreme Court on 25 April, Thursday constituted a one-man panel of the former apex court judge, Justice (Retd) A K Patnaik to hold an inquiry into the allegations raised by Advocate Utsav Bains of a “larger conspiracy” to frame the Chief Justice of India, Ranjan Gogoi and fixing of benches in the top court.

The apex court has also asked the Directors of Central Bureau of Investigation and Intelligence Bureau and the Delhi Police Commissioner to cooperate with Justice (Retd) Patnaik as and when he needs it during the inquiry.

However, the special bench headed by Justice Arun Mishra, and including Justices R F Nariman and Deepak Gupta, said that this inquiry will not deal with the allegations of sexual harassment against the CJI. And it added that the outcome of the inquiry will not affect the in-house committee which is currently dealing with the complaint against the CJI.

Further, the apex court said that on the completion of the inquiry, Justice (Retd) Patnaik will file a report in a sealed cover before the court, and the hearing of the matter will be held thereafter.

It has given liberty to the panel to take assistance of the people required for the inquiry.

“Considering the factual gamut and the affidavits filed by advocate Utsav Singh Bains, we are appointing Justice A K Patnaik, retired judge of this court, to hold inquiry into the allegations levelled in the affidavit filed by Bains.”

Justice Arun Mishra, heading the special bench.

The special bench, also clarified and reiterated that the allegations of misbehavior by the CJI will not be dealt with.

The court has stated that Bains has to disclose all information in his possession about the issue, as he cannot claim privilege here.

While dictating the order, the bench at the outset said, “We have decided that no privilege can be claimed on certain communications the advocate is claiming and he has to disclose the information as and when required.”

Earlier on Thursday, the Supreme Court had expressed anguish over the "systematic attack" on the judiciary and Justice Mishra said that time has come to tell the rich and powerful of this country that they are "playing with fire."

The apex court arrived at this decision while hearing claims made by Bains that there was a larger conspiracy to discredit the CJI.

Justice (Retd) Patnaik was also appointed by the Supreme court to supervise the CVC’s inquiry of Former CBI Director Alok Verma.

Earlier in the day, Justice NV Ramana – one of three judges of the Supreme court’s in-house panel looking into the sexual harassment against the CJI – opted out after receiving a letter from the complainant which demanded his withdrawal on the basis of being a “family friend” of the Chief Justice.

(With inputs from PTI)