Congress lauds CJI's 'principled position' in Allahabad HC judge case

01 February, 2018, 00:51 | Author: Brian Mcdaniel
  • Sitaram Yechury

Justices Chelameswar, Ranjan Gogoi, M B Lokur and Kurian Joseph had on January 12 raised a litany of problems, including assigning of cases in the apex court, and said there were certain issues afflicting the country's highest court.

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 CJI formed a three-member committee, comprising Chief Justices Indira Banerjee of the Madras High Court and S.K. Agnihotri of the Sikkim High Court and Justice P.K. Jaiswal of the Madhya Pradesh High Court, to examine his conduct. The agency on September 20 arrested retired Orissa High Court judge Ishrat Masroor Quddusi and five others, including the chairman of the college, on the charge of corruption to get a favourable order to admit students.

Sources familiar with the matter said that justice Shukla has not been attending the high court since the last week as all judicial work has been taken away from him.

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CJI Dipak Misra has recommended the removal of Shukla as part of an in-house procedure. The complaint about misbehaviour or incapacity against a judge has to be probed under the Judges (Inquiry) Act, 1968.

Justice Joseph was appointed as Permanent Judge of the Kerala High Court in 2004 and later transferred to Uttarakhand High Court where he assumed charge in 2014 as Chief Justice.

Once, the House in which 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. But as his order instituting the inquiry explicitly stated that "A fair and proper inquiry will reassure the parties that justice will be done to them and the public at large will be confident that the outcome of the inquiry will be just and reasonable", it is believed that this report could be made public or at least shared with other judges of the Supreme Court.

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