CJI Paves Way for Allahabad HC Judge’s Removal in Medical Scam

An in-house committee found Justice SN Shukla a party to the medical scam.

The Supreme Court of India, Delhi.

(Photo: Reuters)

A three-judge in-house committee has found substance in the allegations against an Allahabad High Court judge, Justice SN Shukla, in the medical admissions scam, and has recommended his removal to Chief Justice of India Dipak Misra, The Times of India reported.

On the committees recommendation, the Chief Justice advised Justice Shukla to either resign or take voluntary retirement – an option the Allahabad HC judge refused to take. Left with no other option, the CJI advised the Chief Justice of Allahabad HC to withdraw work from Shukla. This cleared the way for the CBI to register a case against Justice Shukla in connection with the scam that rocked the judiciary.

Justice Shukla, while heading a division bench in the High Court, allegedly defied categorical restraint orders passed by a CJI-led bench last year to permit private colleges to admit students for the 2017-18 academic year.

An in-house committee – comprising Madras High Court Chief Justice Indira Banerjee, Sikkim High Court Chief Justice SK Agnihotri and Madhya Pradesh High Court Judge Justice PK Jaiswal – was set up after the Advocate General of Uttar Pradesh complained to the CJI on 1 September 2017.

The inquiry committee said Justice Shukla had “disgraced the values of judicial life, acted in a manner unbecoming of a judge,” lowered the “majesty, dignity and credibility of his office” and acted in breach of his oath of office.

Once the President and Prime Minister get a word from the Chief Justice of India recommending the removal the HC judge, the Rajya Sabha chairperson, who is also the Vice President, appoints a three-judge inquiry panel in consultation with the CJI under the Judges (Enquiry) Act 1968, to look into the allegations examined by the in-house committee. It’s the committee’s task to examine evidence and record findings which form the basis of whether or not the removal will be debated in the Upper House.

After inquiring into the allegations of favours granted by Justice Shukla to private medical colleges through judicial orders, the committee headed by Justice Banerjee gave a scathing report against the Allahabad HC judge. The report states that “the committee concluded there is sufficient substance in the allegations” against Shukla and aberrations on his part were sufficient to warrant a removal.

On 8 December 2017, the CJI had set up the in-house committee to inquire into Shukla’s role in granting students admission into medical colleges despite a Supreme Court ban. 

This alleged aberration by the HC judge led to a CBI probe and the subsequent arrest of former Orissa HC Judge Justice IM Quddusi.

The CJI, however, didn’t immediately give the CBI a green light to register an FIR against Shukla as a matter against a sitting judge needed an in-house probe first. However, in light of the in-house committee report, a CBI inquiry looks likely.