Appropriate bench
Source: The Sangai Express
Imphal, May 03 2017:
A single bench of Justice N Kotiswar of the High Court of Manipur today passed an order directing the Registrar to place the criminal petition of Dr Ak Jhalaj it versus CBI New Delhi before the High Court's Chief Justice fornecessary orders for listing the case before an appropriate bench.
Hearing of the criminal petition was held on April 25 before the single bench of Justice N Kotiswar and the bench heard submissions of CBI counsels (senior APPs) Advocate Atul Kumar and Advocate K Pradeep and Advocate DB Goswami who : appeared on behalf of the petitioner.
According to the order passed-by the single bench today, the matter was taken up at the motion stage by the Court on March 6 this year.
Normally as per the roster, criminal matter is to be posted before the Court of the Chief Justice unless otherwise directed.
However as the Chief Justice was not available on March 6, the matter was put up before the single bench which took up the matter and issued notice.
The Court also issued interim relief sought by petitioner Dr Ak Jhalajit's counsel and passed an interim order.
The matter was again placed before the Court on April 25 in terms of the order passed by the Chief Justice on April 4 to put the matter before an appropriate bench.
The order passed by Chief Justice on April 3 was not very, specific for placing the matter before the single bench of Justice N Kotiswar although it was directed to placed before an appropriate bench.
The single bench at the outset expressed desire that the matter be placed before the Chief Justice for further clarification as regards the placing of the matter before an appropriate bench.
In the meantime, CBI counsels submitted before the Court that the bench may not take up the matter as the presiding Judge had appeared in a related case in the capacity of the Advocate General of the State.
BD Goswami, the petitioner's counsel, however, protested against such plea of the CBI, contending that it has been raised by CBI to avoid the bench by way of bench hunting and the Court must not allow such tactic resorted by the CBI and reject it as unfair practice Nonetheless, the Court considered an orden passed by the Session Court and another order passed by the Supreme Court in similar cases, counter affidavit submitted by CBI and the rejoinder submitted by the petitioner through his counsel.
Later, the Single Bench issued a ruling which says that the matter be delinked from the particular bench and placed before any other bench. However, the earlier interim order will continue till consid eration of the matter by appropriate bench, mentioned the, ruling.