CJI issue: SC dismisses Jethmalani's plea

By Our Legal Correspondent

NEW DELHI, DEC. 6. The Supreme Court today rejected the plea of the former Law Minister, Mr. Ram Jethmalani, who raised a controversy in his book on the age of the Chief Justice of India (CJI), to intervene in the suo motu contempt proceedings initiated against the Chennai-based lawyer, Mr. S.K. Sundaram.

A Bench comprising Mr. Justice K.T. Thomas and Mr. Justice R.P. Sethi dismissed Mr. Jethmalani's application seeking to recall the order passed by the court on November 27 directing a CBI probe into the authenticity of all documents pertaining to the age issue of the CJI in the possession of person/persons.

Mr. Jethmalani said in his application that the document dated September 4 (incorporated by him in his book giving the year of birth of the CJI as 1934), sent by Mr. S. Behr of the General Council of the Bar in London was a genuine one, but the court had given a ``wrong'' order saying that ``prima facie it was not a genuine document''.

The Bench said that in the order dated November 27 no reference had been made either to Mr. Jethmalani or to the book authored by him. In the telegraphic communication sent to the CJI, which became the basis for the contempt action, no reference had been made either to the petitioner or to his book.

``We do not find any good reason for the petitioner to intervene in the contempt proceedings initiated against Mr. S.K. Sundaram. This petition is accordingly dismissed,'' the Bench said.

The Bench, however, referred to a Constitution Bench the writ petition filed by Mr. Jethmalani under Article 32 challenging the constitutional validity of the order dated November 27, describing the September 4 document as ``prima facie not genuine'' and for a direction to recall the same.

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