Skip to main content

Apex court "fails" to inquire into allegations against top HC judge with RSS background: SC advocate Prashant Bhushan

Justice Hemant Gupta, Prashant Bhushan
By Our Representative
Top Supreme Court advocate Prashant Bhushan has regretted that, despite his complaint to the chief justice of India on March 3, 2017, against the former acting chief justice of Patna High Court Justice Hemant Gupta on allegations of “money laundering, acquiring properties by illegal means, possessing disproportionate assets”, no action has been taken by the top Indian judiciary.
Bhushan, in a statement as convener of the NGO Campaign for Judicial Accountability and Reforms (CJAR), says, instead, Justice Gupta “has been promoted as the regular Chief Justice of the Madhya Pradesh High Court without any enquiry into the charges.”
Bhushan says, he has learnt that Government of India, too, was “seriously interested in the promotion of Justice Gupta who comes from an influential RSS background”, he adds, “The failure of the Chief Justice of India to constitute an in-house enquiry against Justice Gupta shows the futility of this in-house procedure”, about which a decision was taken way back in 1997.
Those who are attached with CJAR include former Justices PB Sawant and Justice H Suresh, veteran advocate Shanti Bhushan, well-known writer Arundhati Roy, senior advocate Mihir Desai, journalist Manoj Mitta, and several social workers and experts like Nikhil Dey, Annie Raja, Madhuresh Kumar, Vijayan MJ, Harish Narasappa, Koninika Ray, and Anjali Bharadwaj.
Accusing Justice Gupta of “seeking to influence” a officer of the Enforcement Directonrate (ED), Government of India, which was investigating the charges after submitting a “scathing” report, Bhushan says, the ED officer was asked “to come and meet him to resolve the matter”, yet “no such in-house enquiry appears to have been set up, despite a further reminder dated March 27, 2017 to the Chief Justice of India.”
Claiming that there is “considerable evidence” of the charges, including a “taped conversation between the Justice Gupta and the ED officer”, Bhushan recalls, a chief justices conference in 1997 “decided that an in-house procedure for investigating charges against sitting judges would be devised, in which the Chief Justice of India would constitute a committee of two Chief Justices of the High Court, and another High Court judge.”
The case shows, says Bhushan, that “often Chief Justices’ act on subjective considerations and on the basis of his own personal equations with the judge concerned”, adding, this underscoring “the need for putting in place a permanent full time commission, which is independent of the government and the judiciary, for investigating complaints against judges and taking action against erring judges.”
Pointing out that the need for such a commission has also been underlined recently by Justices Chelameshwar and Gogoi in their separate judgment in Justice Karnan’s case, Bhushan underlines, “Unfortunately, in the absence of such an independent mechanism, the only available resort is impeachment which is a political process.”
Insisting that impeachment should be “resorted to in some extreme cases”, Bhushan says, Justice Gupta’s “is a fit case for commencement of impeachment proceedings and we urge leaders of all political parties to come together to initiate this process to protect the integrity of the judiciary.”

Comments

TRENDING

ISKCON UK 'clarifies' after virus infects devotees, 5 die due to big temple meet

By Rajiv Shah
The International Society for Krishna Consciousness (ISKCON), United Kingdom (UK), has admitted that at least 21 of its devotees were infected because of the spread of the coronavirus amongst the UK devotee community following the March 12 funeral and March 15 memorial of the Bhaktivedanta Manor temple president, in which about 1,000 people participated. Regretting that five of the devotees have passed away, the top Hindu religious in Britain body does not deny more may have been infected.

Mallika Sarabhai releases speech she was 'not allowed' to give at NID Convocation on Feb 7

Counterview Desk
The National Institute of Design (NID) in Ahmedabad, a Ministry of Commerce and Industry body, landed itself in controversy following its decision to put off its 40th convocation ceremony, where noted danseuse Mallika Sarabhai was invited as chief guest. The ceremony was scheduled to be held on February 7.

As corona virus 'travels' to rural areas, NGO begins training tribals, marginalised women

By Souparno Chatterjee*
The World Health Organization (WHO) has declared corona virus a pandemic. Originating from Wuhan in China, it has traversed the entire globe, almost, and claimed more than 16,000 lives already. That’s largely the urban population. In India, despite all the preparedness and war-like promptness to safeguard against the pandemic, several lives have been lost , and hundreds of individuals have tested positive.

Rani Laxmi Bai, Tatya Tope 'martyred' by East India Company, Scindia's forefathers

By Our Representative
In an email alert to Counterview, well-known political scientist Shamsul Islam has said that was “shameful for any political party in democratic India to keep children of Sindhias in their flock” given their role during the First War of Indian Independence (1857). In a direct commentary on Madhya Pradesh Congress leader Jyotiraditya Scindia moving over to BJP, Prof Islam has quote from a British gazetteer to prove his point.

COVID-19: Dalit rights bodies regret, no relief plan yet for SCs, STs, marginalized

By Our Representative
In a letter to Prime Minister Narendra Modi, the National Dalit Watch-National Campaign on Dalit Human Rights, endorsed* by several other Dalit rights organizations, have insisted, the Government of India should particular care of the scheduled castes and tribes, trans folks, persons with disabilities and the women and children from these communities, while fighting against COVID-19 pandemic.

Coronavirus scare ‘pushing’ people from Northeast India into more hardship

By Rishiraj Sinha, Biswanath Sinha*
“No one is born hating another person because of the colour of his skin, or his background or his religion. People learn to hate, and if they can learn to hate, they can be taught to love, for love comes more naturally to the human heart than its opposite.” – Nelson Mandela
***

Modi, Shah 'forget': Gandhi’s first Satyagraha was against citizenship law of South Africa

By Nachiketa Desai*
Hindu fanatic Nathuram Godse assassinated Mahatma Gandhi once on January 30, 1948 but his followers raising the war cry of ‘Jai Sriram’ are killing the Mahatma every day. In his home state of Gujarat, Gandhiji was killed a thousand times in 2002 when over 2,000 Muslims were butchered, their women raped, homes and shops plundered and set on fire and even unborn babies ripped out of the wombs of their mothers.

Gujarat govt plan to 'banish' Gandhian activist anti-democratic, unconstitutional

By Rohit Prajapati*
The current Central and Gujarat governments, and their bureaucracy, have been and are still unable to answer and address the concerns raised, with facts, figures, and constitutional provisions, regarding the terror of tourism in the name of the Statue of Unity and tourism projects surrounding it.

Gujarat construction workers walk home as Rs 2,900 crore welfare fund lies unused

By Our Representative
Situated behind the Gujarat University, some of the families of the migrant construction workers from Dahod and Panchmahals districts of Gujarat, and a few from Rajasthan and Madhya Pradesh, who had stayed put in make-shift shanties in Ahmedabad’s sprawling GMDC Ground, have begun a long journey, by foot, back to their home villages in the eastern tribal belt of Gujarat.