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2008 Supreme(SC) 1877

MUKUNDAKAM SHARMA, ARIJIT PASAYAT
Shanti Bhushan – Appellant
Versus
Union of India – Respondent


Judgment:

Dr. Arijit Pasayat, J.

1. Judges, like Caesars wife, should be above suspicion is the focal point in this petition under Article 32 of the Constitution of India, 1950 (in short the ‘Constitution) filed by Mr. Shanti Bhushan, a senior lawyer of eminence and former Law Minister and Ms. Kamini Jaiswal, an Advocate. The writ petition is stated to have been filed in public interest litigation seeking appropriate declaration and issuance of a writ of quo warranto or any other writ or direction quashing the appointment of respondent No.2 as a Judge of the Madras High Court. The prayers read as follows:

(a) restrain respondent No.2 from functioning as a Judge of the Madras High Court.

(b) Direct respondent No.1 to produce all the records regarding the appointment/re-appointment of respondent No.2 as Additional Judge and also as the permanent Judge; and

(c) pass any other or further orders, as this Honble Court may deem fit and proper.

2. The grievances center around the appointment of respondent No.2 as a permanent Judge by the Union of India (Department of Justice, Ministry of Law and Justice). It is stated that required norms have not been followed while appointing him as a perm
































































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