All sensitive cases must be assigned to Constitution bench: Former judges

Four retired judges on Sunday asked the Chief Justice of India Dipak Misra to ensure all "sensitive and and important cases including pending ones," are dealt with by a Constitution Bench of the five senior most Judges of the Supreme Court.

They said it is important to reassure the people that the Supreme Court is functioning in a fair and transparent manner and that "the power of the Chief Justice as master of roster is not being misused to achieve a particular result in important and sensitive cases."

In an open letter released by advocate Prashant Bhushan, the former judges said the issue of arbitrary allocation of cases to "hand-picked benches of junior judges" as raised by four senior most judges on Friday must be resolved with laying down of clear rules and norms to ensure assiging cases to judges in "rational, fair and transparent manner".

Demanding immediate steps in this regard, they said, "However till that is done, it is important that all sensitive and important cases including pending ones, be dealt with by a Constitution bench of the five senior most judges of this court."

The letter was signed by former SC judge Justice P B Sawant, former Delhi High Court Chief Justice A P Shah, former Judge, Madras High Court Justice K Chandru, and former Judge, Bombay High Court Justice H Suresh.

Their suggestion is somewhat in line with a resolution passed by the SC Bar Association on Saturday. The apex court lawyers body which said all PILs, including the pending ones, should be heard by the court of first five judges including that of the CJI.