An aggrieved Kapil Sibal, senior advocate representing P. Chidambaram, told a Supreme Court bench headed by Justice N.V. Ramana on Wednesday that he was being made to run from one bench to another.
When he went to the Chief Justice’s court, he was asked to approach Justice Ramana’s bench since Justice Ranjan Gogoi was sitting on the constitution bench hearing the Ayodhya dispute, Sibal said.
“When I approach your Lordship, I’m asked to go back to the CJI’s bench,” he rued.
Sibal was eventually unable to secure an “urgent hearing” of Chidambaram’s anticipatory bail plea, or a stay on Delhi High Court’s order on Tuesday rejecting such relief.
As soon as the court had assembled at 10.30am, Sibal had sought urgent hearing of the plea by the bench of Justices Ramana, M. Shantanagoudar and Ajay Rastogi. But the bench said it would refer the matter to the Chief Justice.
Sibal orally sought a stay on the high court judgment but the bench declined since the matter had not been considered on the judicial side. Justice Ramana directed the registry to forward the file to the Chief Justice’s office.
Solicitor-general Tushar Mehta, appearing for the CBI, opposed the plea saying Chidambaram was accused of “money-laundering of monumental proportions”.
During the lunch recess, between 1pm and 2pm, the registry officials are said to have forwarded the file to the Chief Justice’s office.
At 2.15pm, Chidambaram’s legal team rushed to Justice Ramana’s court complaining the matter had not been listed.
Justice Ramana said registry staff had told him Chidambaram’s petition had not been “cured of defects”.
“It’s not our job; still we are pursuing it,” Justice Ramana said.
Sibal said all the defects had been cured. A registry official who was in the courtroom told the bench the defects had been cured around 2pm. He said the matter might be listed on Friday.
When Sibal insisted the matter be taken up immediately, Justice Ramana said only the Chief Justice could decide listings and suggested he approach him.
Sibal cited the lookout notices the CBI and the Enforcement Directorate had issued on Wednesday, to which Justice Ramana said: “The fear is you may go away.”
“He (Chidambaram) can give an undertaking (that he would not),” Sibal said. He then complained about being sent from one bench to another.
Sibal said the court had sometimes granted relief on oral mentioning but cited no instances. The bench again suggested he make a mention for urgent listing before the Chief Justice.
Sibal and the other senior lawyers rushed to the Chief Justice’s court but made no further request before the bench for urgent hearing. The constitution bench rose for the day at 4pm.