New Delhi: Two years on, Allahabad High Court judge SN Shukla remains in his chair despite two Chief Justices of India (CJIs) having recommended his impeachment over corruption charges.
Even as the CBI continues investigating Justice Shukla on allegations of graft for favours to a private medical college for MBBS admission, the Prime Minister’s Office (PMO) has declined to disclose any information under the RTI regarding initiation of impeachment proceedings against the sitting judge.
News18, in an application under the Right to Information (RTI) Act, had sought to know from the PMO about the actions taken after it received letters from two former CJIs, Justice Dipak Misra and Justice Ranjan Gogoi, favouring removal of the indicted High Court judge through impeachment proceedings.
The RTI application had further sought to know if the Prime Minister or the PMO has written to the Rajya Sabha Secretariat for initiating the impeachment proceedings against Justice Shukla, and subsequent communications in this regard.
It was also asked if any other correspondence has taken place between the PMO and the Department of Justice over removal of the High Court judge.
However, in its reply, the PMO chose not to answer any of these queries, including the aspect as to whether any step has been taken to initiate impeachment proceedings against Justice Shukla.
The response from the PMO stated as: “The information sought by the applicant may impede the process of investigation and is, therefore, denied for disclosure under Section 8(1)(h) of the RTI Act.”
Section 8(1)(h) of the law immunes from disclosure any information, which would impede the process of investigation or apprehension or prosecution of offenders.
Meanwhile, Justice Shukla remains posted at the Lucknow Bench of the Allahabad High Court without any judicial work. He remains in office, without having to sit in the court in terms of a recommendation made by then CJI Justice Misra to the chief justice of the High Court. He is reportedly on a long leave.
In January 2018, a three-judge in-house committee had concluded there was sufficient substance in the allegations contained in the complaint against Justice Shukla and that the aberrations were serious enough to call for initiation of proceedings for his removal.
Following the committee's report, the CJI, in accordance with the relevant in-house procedure, advised Justice Shukla to either resign or seek voluntary retirement forthwith but he declined to do so, prompting the then CJI to recommend withdrawal of judicial work from him with immediate effect. Justice Misra also wrote to the PM, recommending his removal.
In March 2019, Justice Shukla wrote to the then CJI, Justice Gogoi, to reallocate judicial work to him but the request was turned down. Later, Justice Gogoi implored upon the PM to get impeachment proceedings initiated. “As the allegations against Justice Shukla were found by the committee to be so serious as to warrant the initiation of proceedings for his removal, he cannot be allowed to resume judicial work in any high court. In these circumstances, you are requested to consider further action,” Justice Gogoi wrote to the PM.
In July 2019, Justice Gogoi also gave a permission to the CBI to register a regular case against Justice Shukla, based on adverse findings against the judge in the agency’s preliminary enquiry.
The recommendation by the then CJI had said: "I have considered the note appended to 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 in your letter.”
This was a first when the CBI was allowed by a CJI to investigate against a sitting High Court judge. Justice Shukla, however, continues officially as a judge as his July 2020-retirement comes closer.
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