CJI to rec­om­mend high court judge’s re­moval

Hindustan Times (Chandigarh) - - NATION HINDUSTANTIMES - HT Cor­re­spon­dent

NEW DELHI: Armed with an in-house probe report against sit­ting Al­la­habad high court judge Shri Narayan Shukla into the so-called MCI bribery case, the Chief Jus­tice of In­dia (CJI) has de­cided to rec­om­mend the re­moval of the erring judge to the President of In­dia, ac­cord­ing to a per­son fa­mil­iar with the mat­ter who asked not to be iden­ti­fied.

The file rec­om­mend­ing the dis­missal of the judge is still with CJI Di­pak Misra, but it could be for­warded to the President and the Prime Min­is­ter any time, this per­son added.

An in­ves­ti­ga­tion against Jus­tice SN Shukla was ini­ti­ated by CJI Misra last Novem­ber, and a 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 was set up. The committee re­cently con­cluded its probe against Jus­tice Shukla, made ad­verse re­marks against him in its report, and rec­om­mended his re­moval.

Jus­tice SN Shukla was in­ves­ti­gated for pass­ing an order grant­ing per­mis­sion to a Luc­know­based med­i­cal col­lege to ad­mit stu­dents, de­spite the pres­ence of a Supreme Court order re­strain­ing the high court from do­ing so.

Though the three-mem­ber committee has in­dicted him and rec­om­mended Shukla’s re­moval, it has not en­dorsed the reg­is­tra­tion of a crim­i­nal case against the judge, the per­son said.

Af­ter the report was sub­mit­ted, the CJI ad­vised the chief jus­tice of the Al­la­habad high court to with­draw ju­di­cial work from Jus­tice Shukla, who re­fused to re­sign or seek vol­un­tary re­tire­ment de­spite be­ing in­formed about the ad­verse find­ing against him.

The chief jus­tice of the Al­la­habad high court has with­drawn all ju­di­cial work from Jus­tice Shukla. His name does not ap­pear on the roster ac­cord­ing to the list of busi­ness re­leased by the Al­la­habad high court reg­istry for Jan­uary 30. “I re­quest you to leave me alone,” Jus­tice Shukla said when he was con­tacted.

Ac­cord­ing to the In­dian Con­sti­tu­tion, a judge can be re­moved only on the ground of proven mis­be­haviour or in­ca­pac­ity. The com­plaint about mis­be­haviour or in­ca­pac­ity against a judge has to be probed under the Judges (In­quiry) Act, 1968.

A re­moval mo­tion signed by 100 mem­bers in case of the Lok Sabha or 50 mem­bers in case of the Ra­jya Sabha is to be given to the speaker or the chair­per­son.

The House then con­sti­tutes a three-mem­ber committee to in­ves­ti­gate the charges.

The committee should con­sist of the Chief Jus­tice or judge of the Supreme Court, a Chief Jus­tice of a high court and a dis­tin­guished ju­rist. If the committee finds the judge guilty of the charges of mis­be­haviour or in­ca­pac­ity, the House in which the mo­tion was in­tro­duced, can take up the mo­tion for con­sid­er­a­tion.

Once the House in which the re­moval mo­tion was in­tro­duced passes it with a spe­cial ma­jor­ity, it goes to the sec­ond House, which also has to pass it with the spe­cial ma­jor­ity.

Af­ter the mo­tion is passed by both the Houses of Par­lia­ment by spe­cial ma­jor­ity, an ad­dress is pre­sented to the President for re­moval of the judge. The President then passes an order re­mov­ing the judge.

Jus­tice SN Shukla

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