In a First, CJI Allows CBI to Investigate HC Judge for Corruption

File image of Chief Justice of India Ranjan Gogoi.

(Photo: The Quint)

In an unprecedented move, the Chief Justice of India Ranjan Gogoi on Tuesday, 30 July, gave permission to the Central Bureau of Investigation (CBI) to file a case against Allahabad High Court Judge SN Shukla for alleged corruption.

This is the first time a sitting judge will be investigated by the CBI, NDTV reported. A case cannot be filed against a sitting judge without the permission of the Chief justice.

The investigating agency’s director had written to the Chief Justice for permission to investigate Justice Shukla and, according to The Times of India, was met with the response, “I am constrained to grant permission to initiate a regular case of investigation.”

Justice Shukla had allegedly favoured a medical college in Lucknow by extending its deadline to admit students, even though the Supreme Court had earlier declined this prayer for the same college.

Justice Shukla had allegedly made handwritten changes in his own bench’s order, a few days after the Supreme Court barred the high court from allowing the Lucknow-based GCRG Institute of Medical Science to admit new students for the academic year 17-18.

The medical college was among several banned by the government from admitting new students for failing to meet infrastructure standards and other criteria.

This revised high court order, too, was struck down by the Supreme Court after the Medical Council of India appealed against it.

The in-house bench concluded that there was substance to the allegations against Justice Shukla and that he had acted in breach of his oath of office.

Former Chief Justice Misra had then asked the HC Judge to either seek voluntary retirement or resign.

He did neither and, as a consequence, judicial work was withdrawn from him in 2018.

In June 2019, CJI Gogoi had written to PM Narendra Modi for moving a motion in the parliament to remove Justice Shukla, as recommended by the previous Chief Justice.

(With inputs from NDTV and The Times of India)