Prosecution sanction againt HC sitting Judge
CBI had sought permission with evidence
This is happening first time in india
New Delhi: CJI has made the entire judiciary stunned by a decision.
He has given permission to register a case of corruption against a sitting judge of High Court.
Justice SN Shukla has been accused of doing wrong in the matter of allowing a medical college in Lucknow.
The application which was earlier rejected by the Supreme Court, Justice Shukla
not only heard but also allowed the students to take admission.
This case later came under CBI scrutiny.
Currently, Justice Shukla is posted in Allahabad High Court.
On the request of the CBI, CJI (Chief Justice of the Supreme Court) Justice Ranjan Gogoi has approved to file a case against the said judge.
Only after completing the initial investigation in this case, the CBI had sought permission to file a case based on available evidence.
In his acceptance order, the Chief Justice has clearly written that he is suffering to give
such type of permission but justice is a matter of demanding that the case be
registered and the entire matter should be examined regularly.
After getting this permission, the CBI got an exemption from filing an FIR against Justice Shukla and question him.
Knowledgeable by law, according to the information received in the inquiry,
the CBI can now arrest him and send him in judicial custody.
This decision of the Chief Justice of the Supreme Court is being linked to
his comments, in which he expressed displeasure over the corruption in the judiciary.
He had recently commented that the Supreme Court registry did not work properly.
It is understood that the CBI Director had also cited the available evidence in the initial investigation along with his request letter.
CJI first such approval in indian judicial history
After considering the matter for the first time in the country, a Supreme Court has given permission to file a case against a sitting judge.
However, after getting the complaint of a medical college case, Justice Shukla was separated from active decisions.
Later, he also sent a letter to the Chief Justice of the Supreme Court demanding withdrawal of the action against him.
In the light of this letter, the permission of the CBI to register the case is being considered as the first case.
Under the current law, any judge of the High Court can be removed only
if Parliament has passed the impeachment motion against him.