As Vahanvati referred to the release, Chief Justice Sabharwal asked senior counsel R A Jan, appearing for the Bar, to read out the contents. “Don’t feel shy to read what you have written,” the court said as the embarrassed lawyer stared at the paper. When the court asked him, why such a release had to be put out, the counsel simply said there were certain things “beyond our control.”

That didn’t amuse the court which remarked “whatever be beyond you or not, we are not interested”. Letting known its annoyance, the court said, “and that Bar, we are giving a hearing now. It is a matter of shame to use a mild word. Please keep the judiciary out of all these.”

The counsel then tendered his apology which was recorded by the court. It then observed that the sex scandal was a social evil and if it had to be exposed, all other issues must take a backseat.

The court also pulled up the Bar for its “irresponsible” allegations against the CBI. The Bar had charged the agency with not arresting influential higher-ups in the scandal, acting under influence and disobeying the HC order. But the SC found that the charges were “vague and irresponsible” as the Bar was not able to point out which was the order alleged to have been disobeyed by CBI or who had influenced it.

The SC also had enough message for the HC as it attempted to reconcile the HC order of August 11 which asked CBI to take “concretised action” against persons figuring in the scandal. While the CBI’s contended that this meant that it would have to arrest everyone named in the scandal, the SC said this wasn’t the case. All parts of the order read in conjunction only goes to show that arrest of accused was necessary only where there was “adequate material on the basis of assessment by the investigating officer and other higher persons in accordance with the rules.”

... contd.