Surprising for bar member to want particular judge to hear a matter: CJI Chandrachud

New Delhi: Chief Justice of India (CJI) D Y Chandrachud on Thursday said it is extremely surprising when a bar member says that he wants a particular judge to hear his matter instead of another judge.

The CJI's remarks came days after letters were shot off by former SC Bar Association (SCBA) president Dushyant Dave and advocate Prashant Bhushan questioning the shifting of sensitive cases to a particular bench.

On Thursday, presiding over a bench, the CJI told senior advocate A M Singhvi, representing AAP leader Satyendar Jain, that his client’s case was listed before Justice Bela M Trivedi because Justice A S Bopanna wrote to the registry that he won't be able to hear the case due to medical reasons.

The CJI said on September 25, 2023, Justices Bopanna and Trivedi ordered to list the matter on November 24 after Diwali break.

On November 24, the matter came up before a bench of Justices Trivedi and Satish Chandra Sharma.

Singhvi said it was adjourned twice after that.

"I tell you one thing because a lot of letters are flung around at the registry saying why the matter was pulled out. I tell you the reason for it. It is very easy to fling letters and allegations… There was a communication from the office of Justice A S Bopanna, I do not want to disclose the reasons why he is not on duty that will infringe on his privacy but I can only say for medical reasons My Lord didn’t resume duty after Diwali vacation. There is a communication from his residential office to the registry… therefore, this matter was assigned on November 21, 2023 to Justice Trivedi who was part of the bench. There are medical reasons for the learned judge not to be on duty,” the CJI said.

Since Justice Bopanna said that all matters which were heard by him should be kept as de-part heard, therefore this matter was assigned to Justice Trivedi who had last heard the matter, he said.

“She (Justice Trivedi) will take a call as I told you it is none of my business what the judge does on the judicial side. The learned judge will take a call on what is to be done about the matter. The reason why the judge has to hear the matter is because there is an application for extension of interim bail. He has been granted interim bail for a certain period and has sought extension for bail… otherwise your client will have to surrender, if the judge doesn’t hear,” the CJI told Singhvi.

The CJI also observed, "But it is extremely surprising hearing any bar member say, 'I want a particular judge to hear my matter' and that 'this particular judge shouldn’t hear my matter'".

Singhvi said he had to point out as nobody knew the position regarding the bench and that he had argued the matter for two hours before a bench presided by Justice Bopanna.

Solicitor General Tushar Mehta said the only way to deal with such malicious letters is by ignoring them and not dignifying them.

Subsequently, during the day, a bench of Justices Trivedi and Sharma ordered that the interim medical bail granted earlier this year to AAP leader and former Delhi health minister Satyendar Jain be extended till January 8, 2024.

The Supreme Court had first granted Jain medical bail on May 26 this year and the same had since been extended till date.

Earlier, during the day, CJI had said that he will not control what the judge is doing in the matter listed before her, and the judge who has the case will decide, while declining to intervene on the issue of listing of Jain’s petition for bail in a money laundering case before a bench headed of Justice Trivedi.

Singhvi had sought deferment of the hearing of the case.