Advocate petitioner Ashok Pande told a bench of Chief Justice Dipak Misra and Justice D Y Chandrachud that Allahabad HC, on the administrative side, had decided to lodge an FIR against this advocate for filing fake petitions in the name of dead persons when he was standing counsel for Allahabad Agricultural Institute.
“On the next day of lodging of the FIR, the advocate filed a petition in the HC seeking quashing of the FIR. It was heard on the same day, that is a Saturday, in the chamber of a judge and his arrest was stayed. Later, the HC quashed the FIR.After quashing of the FIR, the Supreme Court (collegium) recommended the advocate’s name for appointment as judge of the HC on the ground that the state had not challenged quashing of the FIR,” Pande said in his petition.
When he sought a stay on appointment of the advocate as Allahabad high court judge, the Supreme Court said it could not adjudicate the issue when the constitutional process was midway. “These matters are not justiciable. The recommendation (of the collegium) has been submitted. It is in the midst of a constitutional process. This PIL is not maintainable,” the bench said. When Pande persisted with his arguments, the bench said it could impose cost on the PIL petitioner, which silenced him.