With an in-house committee concluding that a judge of the Allahabad High Court had committed judicial impropriety serious enough to warrant his removal, the subject of corruption in the higher judiciary is in the news.
Chief Justice of India Dipak Misra and two senior-most Supreme Court judges, who had virtually revolted against him, on Tuesday attended a function at the apex court lawns, a first after the January 12 presser where they raised questions on assignment of cases. Two complaints, including one from the advocate general of the state, was received by the CJI on September 1 a year ago and he set up an in-house committee comprising Madras HC CJ Indira Banerjee, Sikkim HC CJ S K Agnihotri and MP HC Justice P K Jaiswal.
The three-member committee, comprising Madras high court Chief Justice Indira Banerjee, Sikkim high court Chief Justice SK Agnihotri and Madhya Pradesh high court judge PK Jaiswal, recently concluded its probe against Justice Shukla and made adverse remarks against him in their report.
Since Justice Shukla has not resigned as yet, as per the in-house mechanism, the CJI is bound to write to the president and the prime minister for initiation of proceedings to remove the judge by way of an impeachment motion, sources said.
Chief Justice Of India Dipak Misra had sent the names of Malhotra and Justice Joseph to the Law Ministry for elevation to the Supreme Court on January 22.
The commiitee appointed by the Rajya Sabha Chairperson would examine the evidence and records and would then opine if the same formed the basis for whether or not removal motion be debated in the Upper House.
"I request you to leave me alone", Justice Shukla said when he was contacted. This alleged aberration by the HC judge led to a CBI probe into the medical scam and arrest of an Orissa HC ex-judge I M Quddusi.
In case the judge expresses his unwillingness to resign or seek voluntary retirement, the chief justice of the concerned High Court is advised not to allocate any judicial work to the judge concerned.
The CBI then conducted several raids and found that all the accused had hatched a criminal conspiracy to obtain judicial orders from High Courts and the Supreme Court in favour of the trust.