DNA; Deepak Gidwani; Tuesday, November 30, 2010
The Supreme Court has virtually opened the Pandora’s box with its caustic comments about corruption and nepotism in Allahabad high court. A Lucknow-based social activist has now filed a writ petition in the Lucknow bench of the court seeking impeachment of judges facing charges of corruption and nepotism.
The petition follows a recent Supreme Court order in which it had observed “something is rotten” in Allahabad high court. The order was delivered by justice Markandey Katju and justice Gyan Sudha Mishra in special leave petition (civil) no. 31797 of 2010 (Raza Khan vs UP Sunni Central Waqf Board & another).
“The credibility, credentials, respect and honour of the entire judiciary has been sadly and badly damaged by what the Supreme Court has said in its landmark judgment,” said the petitioner, Nutan Thakur, convenor of the National RTI Forum. The Union of India, ministry of law and justice, the Supreme Court and the chief justice of the Allahabad high court have been made respondents in the petition, she said.
The petition asks for “suitable legal and constitutional actions” against all those recalcitrant, accused and alleged judges of the high court of Allahabad based on whose conduct the Supreme Court openly stated with much chagrin and contempt that something is rotten in this high court.
She has made specific reference to the case of justice Soumitra Sen of Calcutta high court who faces charges of corruption and misconduct. Justice KG Balakrishnan, the then CJI had written to the prime minister recommending that proceedings be initiated for removal of Sen.
The writ petition requests that there is a need to initiate suitable inquiries against all such judges of the high court of Allahabad about whom the above-mentioned judgment notes that “a lot of complaints are coming against certain judges of the Allahabad high court relating to their integrity”, and against whom it has been said that “some judges have their kith and kin practising in the same court, and within a few years of starting practice the sons or relations of the judge become multi-millionaires, have huge bank balances, luxurious cars, huge houses and are enjoying a luxurious life”.
The apex court has also said, “There are other serious complaints against some judges of the high court,” the petition states.
It also underlines an immediate need to initiate impeachment proceedings against all such accused judges of the Allahabad high court against whom inquiries go on to prove charges of corruption, misconduct and nepotism, and to initiate criminal proceedings against all judges against whom these charges are suitably substantiated.
The petition says stringent action should be taken against the high court judge against whom the Supreme Court specifically mentioned that “the above two ex-parte interim orders of the single judge of the Allahabad High Court were clearly passed on extraneous considerations”.
The petition also requests for proceedings to stop pension and other post-retirement benefits to all such retired judges of the high court on whom charges of corrupt practices and nepotism are corroborated and established.
“If such steps are not taken, the credibility of the Allahabad high court, one of the oldest and most respected high courts, would be lost forever,” Nutan Thakur said.
Meanwhile, the RTI activist has asked public information officer of the Supreme Court under the RTI act to provide details about complaints against the judges and the inquiry initiated.
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