SC refuses to entertain Prashant Bhushan’s PIL against Justice CK Prasad; Opts not to open ‘dangerous door in democracy’

Court room 5 of the Supreme Court witnessed excited hearing and raised voices today as Senior Advocate Shanti Bhushan and Justice Dipak Misra locked horns in a Public Interest Litigation filed by advocate Prashant Bhushan against former Supreme Court judge Justice CK Prasad..The Senior lawyer and former Union Law Minister was appearing for his son Advocate Prashant Bhushan in the petition which amongst other things sought registration of FIR against Justice Prasad for judicial misconduct and his removal from the post of Chairman of Press Council of India..The petition alleges that Justice CK Prasad, during his tenure as a Supreme Court judge, had tagged an unrelated case with a case he was already hearing and passed an order in favour of one of the parties..When the petition came up for hearing as item 60 today, Shanti Bhushan sought to prove his locus and submitted that an Article 32 petition would lie in cases where FIR is not registered despite a complaint being filed..“This is an open and shut case. If the Supreme Court does not take action, there would be no credibility of Supreme Court left. What has happened in the case will shock your lordship’s conscience.”.However, Justice Dipak Misra was unimpressed and questioned the locus of the petitioner..“Even if a judge passes an order which is totally absurd, or illegal, the concerned party can file a review or a curative petition.”.Senior Bhushan was in no mood to give up. He raised his voice and cited the letter written by current SCBA President Dushyant Dave..“The entire Bar knows what happened.”.Subsequently, Justice Misra also raised his decibel levels and said that,.“If we entertain this petition, it will open a dangerous door in our democracy. We are not inclined to entertain this petition.”.The Court then recorded in its order that the person aggrieved by the impugned order of Justice CK Prasad will be at liberty to file a review or a curative petition. The Court also categorically held that the petitioner, who is a stranger to the lis, cannot be allowed to raise the prayer sought in the petition..The Court then dismissed the case even as Shanti Bhushan continued his vociferous protest..Read the order below.