Bhushan cites Justice Khehar’s elevation file in Sahara-Birla raids hearing, invites Bench’s wrath

The hearing in Sahara Birla raids case proved extremely eventful yet again as Prashant Bhushan raised a line of argument that resulted in a tirade from both, the Bench and Attorney General Mukul Rohatgi..Bhushan, who had been granted a one-day extension during the last hearing to file additional documents, repeated the same request today. He said that he had been unable to go through the two volumes of the appraisal report, and asked for more time to file a comprehensive affidavit..The Bench was, however, not ready to allow the request..This led Bhushan to remark,.“It is my duty as an officer of the court to point out that Your Lordship’s (Justice Khehar) file for elevation as CJI is pending before the government…”.Bhushan was implying that since the Prime Minister was allegedly one of the political leaders who had received payouts as per the Sahara Birla documents, and since Justice Khehar’s file for elevation as the Chief Justice of India was pending with the Central government, there was a possibility of conflict of interest in Justice Khehar deciding the case before his elevation as CJI..Bhushan did not complete his submission but the Bench immediately went into a huddle, after which Justice Khehar retorted that it was “extremely unfair” to make such a statement..“It is very unfair of you to have appeared before us earlier and not pointed this out then, and bring it up now.”.Attorney General Mukul Rohatgi also intervened vociferously remarking that,.“It is a very cheap tactic, I am deeply pained.”.Justice Arun Mishra, who was on the Bench along with Khehar J., also did not hold back from making his displeasure clear. He demanded,.“So, you think we can succumb to any force? You doubt the highest Constitutional court?“.Bhushan all the while said that he was not casting any aspersions on the judge or seeking recusal of Justice Khehar, but was only doing his duty as an officer of the court by seeking an adjournment so that there are no allegations of conflict of interest later on..The court was, however, not impressed..The Bench then discussed the matter for a while and then said that it could either place the case before the Chief Justice at 3.30 pm for constituting another Bench, or adjourn the case for a later date..Attorney General Mukul Rohatgi said that the court should adjourn the case, a request that was acceded to. The matter will now be heard on January 11 next year.