SC no for prez reference against ex-CJI

Court asks centre to look into the allegation of judicial misconduct against Balakrishnan

PTI | May 10, 2012



The Supreme Court on Thursday refused to direct the Centre to recommend a presidential reference against NHRC Chairman and former CJI K G Balakrishnan for his alleged misconduct during his tenure as a judge in the apex court.

The apex court, however, asked the competent authority of the Centre to look into the allegation of judicial misconduct against the former Chief Justice of India (CJI).

A bench of justices B S Chauhan and J S Khehar said if there is any truth in the allegations, then it is for the President to make reference to the Supreme Court, on the advice of Council of Ministers, for inquiry against the former CJI.

The court passed the order on a PIL by civil society Common Cause, which had sought directions from the court to the government to make a Presidential reference to the apex court for removal of former CJI Balakrishnan as the chairman of National Human Rights Commission (NHRC).

The NGO had alleged that the ex-CJI and his relatives amassed wealth far exceeding their legal income during Balakrishnan's tenure as an apex court judge.

Justice Balakrishnan had been elevated as a Supreme Court judge in June 2000 and was appointed the Chief Justice of India on January 14, 2007. He retired on May 12, 2010 after which he was appointed NHRC chairman.

The NGO had also sought directions to the Ministry of Home Affairs (MHA) for making a reference to the apex court under the Human Rights Act to look into the allegations of "misbehaviour" against Justice Balakrishnan.

The court had reserved its verdict on the NGO's plea on May 7.

A provision under the Human Rights Act says the NHRC chairperson or its members cannot be removed from their offices unless the President of India orders it on the ground of proved misbehaviour, ascertained by the Supreme Court after an inquiry on the President's reference for the probe.

Common Cause, in its petition, had annexed media reports as documents to buttress its allegations that 'benami' properties were acquired by Balakrishnan's kin during his tenure in the Supreme Court.

On an earlier date of hearing, the Centre had told the apex court that it is probing into the allegations that Balakrishnan and his relatives had amassed disproportionate assets during his tenure as a judge and had submitted a probe status report to it in a sealed envelop.

The court after going through the report had asked the government to tell it as to what further action it intended to take on the allegations against the former CJI and apprise it about it.

Comments

 

Other News

India`s renewable race is moving beyond megawatts

When Shell bought Sprng Energy in 2022, India`s renewable energy market appeared to offer precisely what global energy majors were seeking: scale, growth and a place in one of the world`s largest energy transitions. Four years later, Shell is selling the same business to Aditya Birla Group for an enterpris

Nepal Floods: India keeps close watch on the situation

India`s central government has been keeping a close watch on the situation arising out of the flash flood in Nepal on Wednesday. Union home minister Amit Shah spoke with the chief ministers of Bihar and Uttar Pradesh, the two states that share the border with Nepal, regarding the disaster

UPI completes 10 years of digital payments revolution

The Unified Payments Interface (UPI), launched on August 25, 2016 by the National Payments Corporation of India (NPCI) under the regulatory oversight of the Reserve Bank of India (RBI), has completed 10 years of transforming digital payments in India. UPI has emerged as the backbone of India’s digi

Here’s an I.D.E.A. for career growth and success

Success in today’s professional organisation is no longer solely determined by academic qualifications, technical expertise or years of experience. While these attributes do matter, organisations increasingly value individuals who demonstrate the right mindset and behavioural qualities. The ability

PM interacts with CEOs, founders of space startups

Prime minister Narendra Modi interacted with CEOs and Founders of 20 Space Startups at Seva Teerth on Friday.   CEOs of leading companies in the space sector working in diverse fields ranging from building rockets and reusable semi-cryogenic launch vehicles, avionics, satelli

From one cow to a dairy business

In 2012, Anita Dash wasn`t dreaming of building a dairy brand. She wasn`t studying business models or planning market expansion. Like countless mothers across India, her focus was on something much simpler: giving her children a better future.   At the time, her most valuable

Upcoming Conferences



-->

Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter