SC reserves order on probe against former CJI Balakrishnan

Case of alleged misconduct during his tenure as apex court judge

PTI | May 7, 2012



The supreme court on Monday reserved its order on a plea for its direction to the centre to take action against NHRC Chairman and former CJI K G Balakrishnan for his alleged misconduct during his tenure as apex court judge.

A bench of justices B S Chauhan and J S Khehar reserved its verdict on the petition which also seeks its direction to government to make a Presidential reference to the apex court for removal of former Chief Justice of India Balakrishanan's removal as the chairman of National Human Rights Commission.

The court was hearing a PIL by civil society Common Cause, which had alleged ex-CJI and his relative amassed wealth far exceeding their legal income during Balakrishnan's tenure as an apex court's 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 has sought direction 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.

"Despite the fact that there is overwhelming evidence indicating that the respondent no 3 (Balakrishnan) has been guilty of several acts of grave misbehaviour, the government has not taken any step for his removal from the NHRC," the NGO cousnel Prashant Bhushan had submitted to the court.

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