New Delhi : The Supreme Court on Friday dismissed a PIL by lawyer Prashant Bhushan (in pic) seeking a CBI probe against former SC judge Justice C.K. Prasad for alleged misconduct as a judge.
The PIL has also sought direction to the central government to initiate steps for the removal Justice Prasad as the chairman of the Press Council of India.
Dismissing the plea by Prashant Bhushan, a bench of Justice Dipak Misra and Justice Prafulla C. Pant said it was their opinion that “any person, who is aggrieved by any kind of order passed by respondent no.4 (Justice Prasad) in the discharge of his judicial duty while functioning as a judge of this court” can file an application for review or take recourse to the curative petition or any other legal remedy available in law.
“This will open a dangerous door which can’t be shut to file anything against the judge over his order. Assuming the order is incorrect or absurd, it may be corrected by review or corrective petition,” the court said, not accepting senior counsel Shanti Bhushan’s submission that what had happened was a “gross misconduct” on the part of the now retired judge.
Noting that even Supreme Court Bar Association president Dushyant Dave had written to the then chief justice about the incident. Bhushan said: “It is an open and shut case of gross misconduct of a former judge of the apex court.”
