Initiate probe against CJI: CJAR

CJAR levels four charges of 'misconduct' against chief justice Dipak Misra

GN Bureau | January 17, 2018


#J Chelameswar   #Prashant Bhushan   #CJAR   #Dipak Misra   #chief justice   #Supreme Court   #R Gogoi   #MB Lokur   #K Joseph  
Illustration: Ashish Asthana
Illustration: Ashish Asthana

The Campaign for judicial accountability and judicial reforms (CJAR) has written to five senior supreme court judges over alleged misconduct by chief justice of India Dipak Misra. 

The CJAR has appealed to the judges -- justices J Chelameswar, R Gogoi, MB Lokur, K  Joseph, AK Sikri -- to conduct an inquiry under the 'in-house procedure for investigating complaints against judges of the high courts and the supreme court’, which is an official procedure laid out for internal enquiries against all judges of the higher judiciary, excluding the CJI.   
   
Senior supreme court lawyer Prashant Bhushan, a member of the CJAR's executive committee, in a press conference, said that there are four major grounds highlighting alleged misconduct by CJI Misra. 
 
He said that first and foremost is the case related to Prasad Education Trust, wherein CBI is probing a graft involving judges in higher judiciary. 
 
“The facts and circumstances relating to the Prasad Education Trust case, show prima facie evidence the chief justice of India, justice Dipak Misra may have been involved in the conspiracy of paying illegal gratification in the case, which at least warrants a thorough investigation,” the CJAR said in its complaint. 
 
Second, the CJI has dealt with the administrative and judicial sides of a writ petition which sought an investigation in a case in which justice Misra himself is likely to be within the scope of investigation as he presided over benches which dealt with this case and passed orders in the care of Prasad Education Trust, and this violated the first principle of code of conduct for judges, the CJAR said.
 
The third charge relates to antedating of an administrative order dated November 6, 2017, which, the CJAR said, amounts to a serious act of forgery / fabrication.
 
The civil society organisation said that “the CJI acquired land while he was an advocate, by giving an affidavit that was found to be false and despite the orders of the ADM cancelling the allotment in 1985, surrendered the said land only in 2012 after he was elevated to the supreme court”.  
 
According to the ‘in house procedure’, complaints against SC judges are sent to the CJI, who then depending in the merit of the case, decide to constitute a committee of three judges of the SC to examine. 
 
“Though this procedure is silent with respect to complaints against CJI himself, it is obvious that complaints against the CJI cannot be examined by the chief justice himself and therefore must be examined by the next judge in seniority or by a collegium of senior judges,” the CJAR said, citing previous judgements of the SC including ‘K Veeraswami v UOI and other (1991 SCC (3) 655)’, ‘Addl District & Session Judge ‘X’ v High Court of MP (2015 4 SCC 91’.
 
The CJAR also made public transcripts of telephonic conversation between retired Odisha high court judge IM Qudussi, middleman Vishwanath Agarwala and BP Yadav of the Prasad Education Trust taped by the CBI. 
 
The complaint copy can be accessed here
 

Comments

 

Other News

Bank loan recovery in recent years has mirrored Hindu rate of growth

At the outset, for those who are not familiar with the nomenclature ‘Hindu Rate of Growth’, it refers to the low economic growth in post-independent India till the 1990s, when several economic liberalisation measures were undertaken. Till the 1990s, the growth rate was around 4%, which accelera

“Indian Navy needs more capabilities to build ships”

As India faces increasing threats from China and Pakistan on sea, Vice Admiral Ajendra Bahadur Singh, Flag Officer Commanding-in-chief (FOC-in-C), Western Naval Command, has said that the Indian Navy needs to scale up its capabilities and have more budgets allocated. Speaking to members of t

Mumbai issues strict guidelines for home quarantine of all international passengers

In view of the emerging threat of the new coronavirus variant, Omicron, the BrihanMumbai municipal corporation (BMC) Saturday issued strict guidelines for surveillance of all international travellers arriving in the metro and especially those from ‘at risk’ nations. Outlining SO

Omicron: Maharashtra revises travel guidelines

A day after the union health secretary wrote to it that its order on SOPs for air travellers was in divergence with guidelines issued by the MoHFW, GoI in view of the Omicron threat, the Maharashtra government on Thursday revised its guidelines for passengers arriving in the state. Issuing

Omicron: Centre asks Maharashtra to follow uniform guidelines

With the threat of Omicron, the new variant of the coronavirus, looming large, the union health ministry has written to the Maharashtra government to align orders issued by the state with the ministry’s guidelines for uniform implementation. The state government in its order dated Nove

Central Railways runs over 800 Kisan Railway trips

To ensure bigger access to farm produce and provide new markets with quick transportation and subsidy at 50%, the Kisan Rail has been bringing prosperity, joy, and hope to farmers of Maharashtra. On November 28, the Central Railway ran its 800th  trip of Kisan Rail from Sangola to Muzaffarpur.

Visionary Talks: Dr. Naresh Trehan, CMD Medanta Heart Institute with Kailashnath Adhikari



Archives

Current Issue

Opinion

Facebook    Twitter    Google Plus    Linkedin    Subscribe Newsletter

Twitter