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In a 1st, CJI allows CBI to file case against HC judge

In a 1st, CJI allows CBI to file case against HC judge

NEW DELHI: In an unprecedented resolution, Chief Justice of India Ranjan Gogoi on Tuesday gave permission to the CBI to register a case (FIR) against sitting Allahabad high court docket bewitch Justice SN Shukla beneath the Prevention of Corruption Act for alleged favours to a private scientific college for MBBS admissions.

With regards to 30 years within the past, the apex court docket within the K Veeraswamy case on July 25, 1991 had prevented any investigating agency from lodging an FIR against a sitting Supreme Court or HC bewitch without first showing the evidence to the CJI for permission to overview the bewitch.

Before 1991, no investigating agency had ever probed a sitting HC bewitch and this is the first time since then that the CJI granted permission to an investigating agency to hotel an FIR against a sitting bewitch. The CBI will soon register a case against Justice Shukla, an ignominious sort that will get aggravated by the skill for his arrest beneath the PC Act.

The investigating agency had written to CJI Gogoi to be conscious of about permission to overview Justice Shukla within the case.

Seeking permission to probe Allahabad HC bewitch SN Shukla, the CBI director had written to the CJI announcing, “Aforementioned preliminary enquiry (PE) became once registered by the CBI against Justice Sri Narayan Shukla of the high court docket of Allahabad, Lucknow bench, Uttar Pradesh, and others on the advice of the then CJI (Dipak Misra) when the matter referring to alleged misconduct of Justice Shukla became once dropped at his files.”

Attaching a transient indicate on the PE with a chronological chart, the CBI director had said, “If deemed acceptable, permission would maybe be granted to galvanize a odd case for investigation.” After perusing the topic materials, the CJI wrote to the CBI director, “I procure thought of the indicate appended to your letter on the above self-discipline. In the info and conditions of the case, I’m constrained to grant permission to galvanize a odd case for investigation as hunted for for your letter beneath reference.”

Closing month, CJI Gogoi had written to PM Narendra Modi for transferring a motion in Parliament for elimination of Justice Shukla, an motion first commended 19 months within the past by then CJI Misra after an in-condominium inquiry panel chanced on him responsible of mighty judicial irregularities. Sooner than writing to Modi, CJI Gogoi rejected Justice Shukla’s seek files from for re-allocation of judicial work, which became once withdrawn from him on January 22, 2018, following his indictment by the in-condominium panel.

On a September 2017 complaint of UP advocate general Raghvendra Singh alleging malpractices against Justice Shukla, then CJI Misra had residence up a panel comprising then Madras HC CJ Indira Banerjee, then Sikkim HC CJ SK Agnihotri and MP HC’s Justice PK Jaiswal to interrogate into alleged favours shown by Justice Shukla to a private scientific college by extending closing date for admission of students in violation of an SC relate.

The panel concluded that “there is enough substance within the allegations contained within the complaints against Justice Shukla and the aberrations complained of are serious enough to demand initiation of court docket cases for his elimination”. It had additionally said Justice Shukla had “disgraced the values of judicial lifestyles, acted in a manner unbecoming of a bewitch” to lower the “majesty, dignity and credibility of his place of job” and acted in breach of his oath of place of job. After receiving the panel’s represent, then CJI Misra had requested Justice Shukla to either resign or specialise in about voluntary retirement.

But Justice Shukla declined to sort either.

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Written by Namitha Konda

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