Bhushan files RTI to see impeachment case transfer order
New Delhi, May 8: Senior advocate Prashant Bhushan on Tuesday moved an RTI application in the Supreme Court Additional Registrar office to find out if the CJI impeachment case was referred to a five-judge Constitution bench by way of administrative order and who passed it.
The move came after the bench hearing the plea refused to answer the question, and senior counsel Kapil Sibal subsequently withdrew a petition moved by two Congress MPs against Rajya Sabha Chairman M. Venkaiah Naidu's dismissal of a notice to impeach Chief Justice of India (CJI) Dipak Misra.
"Was writ petition Pratap Singh Bajwa and Another versus Chairman Rajya Sabha and Another listed on May 8 before a Constitution bench by way of an administrative order? If yes, who has passed the above mentioned order," Bhushan asked in his application seeking information under the Right to Information (RTI) Act.
Besides a copy of the order, Bhushan also said that he be allowed to "inspect the concerned file along with any file noting concerning the said order".
On April 20, members from seven opposition parties led by the Congress submitted a notice to Chairman Naidu to initiate impeachment proceedings against Chief Justice Misra on five counts of "misbehaviour" -- a notice rejected by Naidu.
On Monday, Congress MPs Pratap Singh Bajwa and Amee Yajnik filed a petition alleging that Naidu's decision was politically motivated.
"It was mentioned before the court that since the case deals directly with the CJI on impeachment and therefore the CJI could not have heard the mentioning or exercise any power as the master of the roster or for listing the case," Bhushan told the media.
"But suddenly last night, the registry announced that the case has been listed before a Constitution bench in Court 6. It has never happened before that a matter/petition is listed before a Constitution bench even without a judicial order and we need to know if the CJI has passed this order."
Bhushan said every administrative order of any authority, even if it is of the CJI, is capable of being challenged on the judicial side.
"Unfortunately, the bench said they would not like to go into this matter and they would not like to provide a copy of the order," the senior lawyer said.
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Bhopal gas tragedy: Effects of leak seen in next generation of survivors, says ex-forensic doctor
Bhopal (PTI): The effects of poisonous gases that leaked from the Union Carbide factory in Madhya Pradesh's Bhopal 40 years ago were seen in the next generations of those who survived the tragedy, a former government forensic doctor has said.
At least 3,787 people were killed, and more than five lakh were affected after a toxic gas leaked from the pesticide factory in the city on the intervening night of December 2 and 3, 1984.
Speaking at an event held by organisations of gas tragedy survivors on Saturday, Dr D K Satpathy, former head of the forensics department of Bhopal's Gandhi Medical College, said he performed 875 post-mortems on the first day of the disaster and witnessed 18,000 autopsies the next five years.
Sathpathy claimed Union Carbide had denied questions about the effects of poisonous gases on unborn children of women survivors and said effects would not cross the placental barrier in the womb in any condition.
He said blood samples of pregnant women who died in the tragedy were examined, and it was found that 50 per cent of poisonous substances found in the mother were also found in the child in her womb.
Children born to surviving mothers had the poisonous substances in their system, and this affected the health of the next generation, Sathpathy claimed and questioned why research on this was stopped.
Such effects will continue for generations, he said.
Satpathy said it was said that MIC gas leaked from the Union Carbide plant, and when it came in contact with water, thousands of gases were formed, and some of these caused cancer, blood pressure and liver damage.
Rachna Dhingra of Bhopal Group for Information and Action said Satpathy, who carried out most autopsies, and other first responders in the 1984 disaster, including the senior doctors in the emergency ward and persons involved in mass burials, narrated their experiences during the event.
Rashida Bee, president of the Bhopal Gas Peedit Mahila Stationery Karmchari Sangh, a poster exhibition covering every aspect of the disaster will be held till December 4 to mark the 40th anniversary of the tragedy.
An anniversary rally will be organised, with focus on global corporate crimes such as industrial pollution and climate change, she said.
