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

HPCL, Tata Steel among National CSR Award 2020 winners

Hindustan Petroleum Corporation, HDFC, Tata Steel and Tech Mahindra are among the winners and the recipients of honourable mentions in the National CSR Awards 2020 announced by the ministry of corporate affairs (MCA) on Thursday. The MCA instituted the annual National Corporate Social Respon

India’s tree lovers get together for a nation-wide tree festival

A good monsoon has left the trees all washed and spruced up. It’s right time to take a good look at them, and also to tell the young generation about their diversity. So, tree lovers across the country have joined hands to celebrate a festival of trees this month. The August Tree Fest

How did a policeman move unarmed and fearlessly for 37 long years in Bihar?

Unbounded: My Experiments with Law, Physics, Policing and Super 30 By Abhayanand Rupa Publications, 344 pages, Rs 595   Abhayanand has

India@75: A timely study of the state of the nation

India after 1947: Reflections & Recollections By Rajmohan Gandhi Aleph, 118 pages, Rs 399 Rajmohan Gandhi was about 11 when India won independence. As the nation celebrates 75 years of freedom, how would he – and others like him – feel?

BMC denies protocol breach in ‘Har Ghar Tiranga’

The BrihanMumbai municipal corporation (BMC) has rebutted a Shiv Sena leader’s allegation of breach of protocol in the implementation of the ‘Har Ghar Tiranga’ campaign. On Friday Rahul Shewale, group leader of Shiv Sena in Lok Sabha, had accused BMC commissioner IS Chahal

Mumbai`s stalled building projects: Is self-redevelopment the real solution?

Land in Mumbai city, which is surrounded by water on three sides, is scarce and has a premium. Property prices in certain areas of financial capital of the country are as much as Rs 1 lakh per sq ft. Yet, 5,800 buildings have been lying in a stalled condition for the last 18 years. Meanwhile

Visionary Talk: Amitabh Gupta, Pune Police Commissioner with Kailashnath Adhikari, MD, Governance Now


Archives

Current Issue

Opinion

Facebook    Twitter    Google Plus    Linkedin    Subscribe Newsletter

Twitter