Chhattisgarh Govt objects to listing of NAN scam case before Justice MR Shah

New Delhi, November 18

The listing of the ED’s petitions in the Nagrik Apurti Nigam (NAN) scam in Chhattisgarh has led to a controversy as the Chhattisgarh Government objected to the Bench led by Justice MR Shah hearing it.

The case – which was earlier heard by a Bench of the then CJI UU Lalit, Justice Ajay Rastogi and Justice S Ravindra Bhat –was on on November 14 listed before a Bench of Justice MR Shah and Justice Hima Kohli which was objected to by senior counsel Kapil Sibal, representing the Chhattisgarh Government.

Sibal said it should be heard by a Bench led by either Justice Rastogi or Justice Bhat – the remaining members of the previous Bench after CJI Lalit’s retirement on November 8.

On Friday, when the matter came up before a Bench led by Chief Justice of India DY Chandrachud, Solicitor General Tushar Mehta deprecated the disturbing trend of judges being maligned on any adverse order being passed.

“First of all, I cannot choose a Bench, I cannot avoid a Bench. I am saying this with a degree of seriousness,” Mehta told the Bench.

“The Registrar J1 says that I have already passed orders yesterday assigning the matter to the Bench presided over by Justice Ajay Rastogi. If the matter is to be assigned to a combination of Justice Rastogi and Justice Bhat, then two Benches will have to be broken, as both of them are heading separate Benches,” CJI Chandrachud said.

“I just followed objective criteria to assign it to the next senior-most judge available,” the CJI said.

Justice Chandrachud, however, said he would need to check if his predecessor had ordered listing it before Justice Shah’s court. He said he was ready to show the order to everyone.

Sibal said the order only stated “the Registry is directed to list the matter before the appropriate Bench.” As Mehta suggested that it might be taken up by the Chief Justice along with Justice Rastogi and Justice Bhat, Sibal said he had no problem with any Bench.