New Delhi : The Medical Council of India case was the first sign that all is not well in the apex court. It witnessed a headlong collision between Chief Justice Misra and Justice Chelameswar. The case came before the apex court in November through a PIL seeking an SIT probe by a retired CJI.
Admitting the petition, Justice Chelameswar ordered setting up a constitution bench of five senior most judges for hearing the petition. But before Justice Chelameswar could pass the written order, another draft order was delivered to him by CJI Misra who posted the matter before another bench. Meanwhile, the petitioner contended that CJI Misra should not be on the bench hearing the PIL seeking the SIT probe. Justice Chelameswar refused to pass an order on this stating that the constitution bench would decide the matter on November 13.
On the other hand, the CJI set up a seven-judge constitution bench on November 10 – a day after Justice Chelameswar ordered setting up a constitution bench to hear the PIL seeking SIT probe – to examine the ruling passed by the second senior most judge.
Two of the judges of the constitution bench recused themselves. The other five judges, including CJI Misra, annulled the order passed by Justice Chelameswar setting up the constitution bench. The presiding bench ruled that setting up a constitution bench falls under the administrative power of the CJI.