CJI permits CBI to investigate Allahabad HC Judge, SN Shukla on Corruption Charges
By: – Syed Ali Taher Abedi
Chief Justice of India Ranjan Gogoi has granted the Central Bureau of Investigation (CBI) permission to register an FIR against a sitting judge of Allahabad High Court, Justice SN Shukla under the prevention of Corruption Act (POCA) for his alleged involvement in a case concerning MBBS admissions into a private medical college.
On Sep 4, 2017, Shukla allegedly made handwritten corrections to his September 1 Order, and gave permission to certain Medical Colleges to admit students despite a ban by the Medical Council of India
Shukla had passed an order in 2017granting permission to one such medical college to admit students despite a Supreme Court order restraining such action.
The allegations against Shukla pertaining to the Medical Council of India bribery case were investigated and he was found to have hands in gloves with some middle men. The alleged scam involves some medical colleges that were denied permission to function by the Medical Council of India.
As per the latest emerging reports CBI is said to have written to the CJI Gogoi recently, seeking permission to initiate a regular investigation against Justice Shukla in the matter.CJI is reported to have appended to on Tuesday as follows,
“I have considered the note your letter on the above subject. In the facts and circumstances of the case, I am constrained to grant permission to initiate a regular case for investigation as sought for you in your letter under reference”
Earlier a preliminary inquiry was ordered against Justice Shukla, The in-house committee comprised of then Madras High Court Chief Justice Indira Banerjee, Sikkim High Court Chief Justice SK Agnihotri, and Madhya Pradesh High Court Chief Just PK Jaiswal found merit in the allegations against Shukla. According to the report submitted by inquiry committee that was constituted by Apex court.
The CJI’s step aims to curbing the instances of judicial corruption where in judges of higher courts, by virtue of their elevated status under the constitution, are immune from criminal prosecution unless the CJI is satisfied that there is enough material to let an agency probe a judge.
The Supreme Court had in 1991 ruled that investigating agencies must show evidence to the chief justice before filing a case against a sitting judge of the top court or High Court. This is perhaps the first time that the CJI has approved such a request.
Googi’s predecessor Dipak Mishra had asked Shukla to either resign or take voluntary retirement from the service.
When Shukla refused to follow the directives, Mishra asked the Chief Justice of Allahabad High Court to not give him judicial work. After that Shukla had reportedly gone on a long leave.
Last month CJI had written to Prime Minister Narendra Modi urging him to initiate a motion in Parliament to remove Shukla.
On May 23 2019 Shukla wrote a letter to CJI Gogoi which was forwarded by the CJ of Allahabad High Court requesting that he be allowed to discharge judicial work in the High Court.
Shukla joined the Allahabad High Court in2005 and is scheduled to retire in July 2020.
