Evidence of failure of in-house procedure for investigating charges against sitting judges

Justice Hemant Gupta

By Prashant Bhushan*
On 03.03.2017, the Campaign for Judicial Accountability and Reforms (CJAR) sent a serious complaint against the then Acting Chief Justice of the Patna High Court, namely Justice Hemant Gupta, containing evidence of several charges of money laundering, acquiring several properties by illegal means, possessing disproportionate assets, and seeking to influence officer of the ED who was investigating these charges and had submitted a scathing report.
In pursuance of a resolution adopted in a Chief Justices conference 1997, it had been 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.

However, despite there being considerable evidence for the aforementioned charges, and the existence of a taped conversation between the Justice Hemant Gupta and the ED officer in which he asked the ED officer to come and meet him to resolve the matter and thus, tried to influence him, no such in-house enquiry appears to have been set up, despite a further reminder dated 27.03.2017 sent to the Chief Justice of India.

Also no communication whatsoever has been received by the CJAR from the Chief Justice of India as to what has been done to the complaint and why no in-house enquiry was set up to enquire into the charges.
On the other hand, we find that Justice Hemant Gupta has been promoted as the regular Chief Justice of the Madhya Pradesh High Court without any enquiry into the charges. It is learnt that the government of India was also seriously interested in the promotion of Justice Hemant Gupta who comes from an influential RSS background.
The failure of the Chief Justice of India to constitute an in-house enquiry against Justice Hemant Gupta shows the futility of this in-house procedure. It also shows that often Chief Justices’ act on subjective considerations and on the basis of his own personal equations with the judge concerned.

This underlines 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. 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.
Unfortunately, in the absence of such an independent mechanism, the only available resort is impeachment which is a political process, but needs to be resorted to in some extreme cases. The CJAR feels that the case of Justice Hemant Gupta 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.
A copy of the complaint dated 03.03.2017 along with annexures is enclosed. The last Annexure L is the note recorded by the Assistant Director of ED, PMLA regarding the attempt made by Justice Hemant Gupta to influence him.

---
Convenor, Campaign for Judicial Accountability and Reforms

Comments

Clive Lloyd legacy reminds us of the golden era that reshaped cricket

By Harsh Thakor* As August 31 marked the 80th birthday of cricketing icon Clive Lloyd, it also heralds the impending 50th anniversary of his ascension to the captaincy of the West Indies team. Under his leadership, a collection of extraordinary talents coalesced to create one of the most formidable teams in cricket history. The roots of West Indian cricket dominance trace back to a colonial past.

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah* The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual.

Impact of water anxiety, stress and trauma on women: World Water Week 2024 talkshow

By Mansee Bal Bhargava, Durga Das, Garbhit Naik, Sromona Burman* A newly formed no bet-for-profit organization, WODER , dedicated and motivated to work towards water security for all for all the time, was at the World Water Week (WWW) 2024 organized by the Stockholm International Water Institute (SIWI) from August 25 to 29th. The WWW2024 theme was, ‘Bridging Borders: Water for a Peaceful and Sustainable Future’ and centered around water cooperation for peace and security. The event underscored the collaborative effort needed to achieve a peaceful and sustainable future.

Trailblazer in literary innovation, critic of Indian mythology, including Ramayana

By Harsh Thakor* Ranganayakamma, commonly known as RN, stands out as a transformative figure in promoting Marxist thought, democratic ideals, and anti-caste principles through her remarkably clear and engaging writing style. A trailblazer in literary innovation, her works span a broad array of topics, from critiques of Indian mythology and revivalism to discussions on civil liberties, the Indian Communist Movement, and Maoism in China.

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

'Void in Leftist landscape': Loss of Sitaram Yechury who had helped form INDIA bloc

By Vikas Meshram* The passing of Sitaram Yechury has cast a profound stillness over leftist organizations across India. Renowned as a distinguished politician, columnist, economist, and social activist, Yechury was a staunch advocate for student rights and movements. His leadership skills became apparent early in his academic career, as he was elected three times as the president of Jawaharlal Nehru University (JNU). Yechury also endured imprisonment during the Emergency period, underscoring his commitment to political activism.

Unwavering source of ideological inspiration in politics, life: Personal tribute to Yechury

By Bhabani Shankar Nayak Sitaram Yechury was everyone's comrade. He lived his life in public like an open book of praxis. Everyone was familiar with his family background, student life, many talents, achievements, and political journey that defines his everyday life as a committed communist.

Will Bangladesh go Egypt way, where military ruler is in power for a decade?

By Vijay Prashad* The day after former Bangladeshi Prime Minister Sheikh Hasina left Dhaka, I was on the phone with a friend who had spent some time on the streets that day. He told me about the atmosphere in Dhaka, how people with little previous political experience had joined in the large protests alongside the students—who seemed to be leading the agitation. I asked him about the political infrastructure of the students and about their political orientation. He said that the protests seemed well-organized and that the students had escalated their demands from an end to certain quotas for government jobs to an end to the government of Sheikh Hasina. Even hours before she left the country, it did not seem that this would be the outcome.

Narmada valley again facing flood disaster, exacerbated by Sardar Sarovar dam 'mismanagement'

By Our Representative The environmental advocacy group South Asia Network on Dams, Rivers and People (SANDRP) has issued a warning , supported by detailed diagrams, that the Sardar Sarovar Dam (SSD) is at risk of causing flash floods in the Narmada Valley this year, similar to incidents that occurred last year.

Search This Blog