The Hindu : 'Mysore incident': plea to make report public rejected

Online edition of India's National Newspaper
Saturday, May 10, 2003

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'Mysore incident': plea to make report public rejected

By Our Legal Correspondent

NEW DELHI MAY 9. The Supreme Court today turned down a plea for making public the enquiry committee's report on the "Mysore incident" involving three sitting judges of the Karnataka High Court.

A Bench, comprising Justice S. Rajendra Babu and Justice G.P. Mathur, dismissed the petition filed by Indira Jaising, lawyer, saying that the report, "if given publicity, will only lead to more harm than good to the institution as judges would prefer to face inquiry leading to impeachment". The Bench noted that it was not appropriate for the petitioner to approach the court for release of the report as the Chief Justice of India had only sought information from peer judges on the accused and the report made to the CJI was wholly confidential. If the CJI was satisfied, no further action was called for in the matter and the proceeding was closed.

In the hierarchy of the courts, the Bench said the Supreme Court "does not have any disciplinary control over the High Court judges, much less the CJI has any disciplinary control over any of the judges". The only source or authority by which the CJI could exercise the power of inquiry was moral or ethical and not in exercise of powers under any law and that power could not be made subject matter of a writ petition to disclose a report made to him, the Bench said.

Referring to the plea for investigation of the alleged incident by an independent agency, it said it could not be accepted because the appropriate course for the petitioner would be to approach the appropriate authorities under Article 217 of the Constitution.

"If the petitioner can substantiate that any criminal offence has been committed by any of the judges mentioned in the petition, appropriate complaint can be lodged before a competent authority for taking action by complying with requirements of law," the Bench said and dismissed the petition.

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