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Prof K Nageshwar: Modi Has To Finally Act On Jagan Letter To CJI (Video)

         Register Online for Graduates MLC. Here is the link: https://ceotserms1.telangana.gov.in/MLC/form18.aspx
||  Modi Has To Finally Act On Jagan Letter To CJI ||

Justice S. N. Shukla, a judge of Allahabad High Court retired on 17 July 2020. He was indicted in an alleged Medical college admissions scam highlighted in 2017. The alleged scam involved some Medical colleges that were not allowed to function by the Medical Council of India which is the regulating body for medical education in the country. It is said that a middleman allegedly assured the college owners that the courts would allow them to run their colleges. The colleges then allegedly paid to the middleman to get a clearance. The scam was prominently highlighted by the media. A three-member committee, headed by Justice Indira Banerjee, the then Chief Justice of Madras High Court, was constituted by the then Chief Justice of India Mr. Dipak Misra to look into the allegations. Justice S. K. Agnihotri, the then Chief Justice of Sikkim High Court and Justice P. K. Jaiswal, the then judge of the Madhya Pradesh High Court were also the members of the Committee which found sufficient substance in the allegations against the judge and recommended action of removal against him by concluding that "the aberrations complained of are serious enough to call for initiation of proceedings for his removal". Having considered the report of the Committee, the then Chief Justice of India Dipak Misra advised Justice Shukla either to resign or take voluntary retirement but the latter refused to accept the suggestions made by the Chief Justice of India.

It is pertinent to mention that under our constitutional scheme a judge of the Supreme Court/High Court can be removed only on the ground of proved misbehaviour or incapacity by the President if Parliament passes a resolution to that effect by the special majority. The complaint about misbehaviour or incapacity against a judge has to be proved under the Judges (Enquiry) Act, 1968. A removal motion may be brought in any House of Parliament, it should be signed by 100 members in case of the Lok Sabha or 50 members in the case of Rajya Sabha is to be given to the speaker or the chairperson who then constitutes a three-member committee to investigate the charges against the judge. The Committee should consist of the Chief Justice or judge of the Supreme Court, a Chief Justice of a High Court and a distinguished jurist. If the Committee finds the judge guilty of the charges of misbehaviour or incapacity, the House in which the motion was introduced, can take up the motion for consideration. Once the House in which the removal motion was introduced passes it with a special majority, it goes to the second House, which also has to pass it with the special majority. After the motion is passed by both the Houses of Parliament by the special majority, an address is presented to the President for removal of the judges and then the President passes an order removing the judge. This is how a judge of the Supreme Court/High Court can be removed from his office in our country. In this whole process the Chief Justice of India has no say. He can only bring the matter to the knowledge of the government which can take the matter to Parliament. But in Justice Shukla's case, it seems that the government forgot this process and allowed him to retire peacefully with all retiral benefits. No judicial work was given to him for more than two years. Will it not harm our judicial system? I am asking this question to myself. Should the judges not be treated equally like other citizens? They should obviously be treated equally as per the mandate of the Rule of Law and our equality jurisprudence.

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Prof K Nageshwar: Modi Has To Finally Act On Jagan Letter To CJI (Video)

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Prof K Nageshwar: Modi Has To Finally Act On Jagan Letter To CJI (Video)
Title
Prof K Nageshwar: Modi Has To Finally Act On Jagan Letter To CJI (Video)
Description

Register Online for Graduates MLC. Here is the link: https://ceotserms1.telangana.gov.in/MLC/form18.aspx || Modi Has To Finally Act On Jagan Letter To CJI || Justice S. N. Shukla, a judge of Allahabad High Court retired on 17 July 2020. He was indicted in an alleged Medical college admissions scam highlighted in 2017. The alleged scam involved some Medical colleges that were not allowed to function by the Medical Council of India which is the regulating body for medical education in the country. It is said that a middleman allegedly assured the college owners that the courts would allow them to run their colleges. The colleges then allegedly paid to the middleman to get a clearance. The scam was prominently highlighted by the media. A three-member committee, headed by Justice Indira Banerjee, the then Chief Justice of Madras High Court, was constituted by the then Chief Justice of India Mr. Dipak Misra to look into the allegations. Justice S. K. Agnihotri, the then Chief Justice of Sikkim High Court and Justice P. K. Jaiswal, the then judge of the Madhya Pradesh High Court were also the members of the Committee which found sufficient substance in the allegations against the judge and recommended action of removal against him by concluding that "the aberrations complained of are serious enough to call for initiation of proceedings for his removal". Having considered the report of the Committee, the then Chief Justice of India Dipak Misra advised Justice Shukla either to resign or take voluntary retirement but the latter refused to accept the suggestions made by the Chief Justice of India. It is pertinent to mention that under our constitutional scheme a judge of the Supreme Court/High Court can be removed only on the ground of proved misbehaviour or incapacity by the President if Parliament passes a resolution to that effect by the special majority. The complaint about misbehaviour or incapacity against a judge has to be proved under the Judges (Enquiry) Act, 1968. A removal motion may be brought in any House of Parliament, it should be signed by 100 members in case of the Lok Sabha or 50 members in the case of Rajya Sabha is to be given to the speaker or the chairperson who then constitutes a three-member committee to investigate the charges against the judge. The Committee should consist of the Chief Justice or judge of the Supreme Court, a Chief Justice of a High Court and a distinguished jurist. If the Committee finds the judge guilty of the charges of misbehaviour or incapacity, the House in which the motion was introduced, can take up the motion for consideration. Once the House in which the removal motion was introduced passes it with a special majority, it goes to the second House, which also has to pass it with the special majority. After the motion is passed by both the Houses of Parliament by the special majority, an address is presented to the President for removal of the judges and then the President passes an order removing the judge. This is how a judge of the Supreme Court/High Court can be removed from his office in our country. In this whole process the Chief Justice of India has no say. He can only bring the matter to the knowledge of the government which can take the matter to Parliament. But in Justice Shukla's case, it seems that the government forgot this process and allowed him to retire peacefully with all retiral benefits. No judicial work was given to him for more than two years. Will it not harm our judicial system? I am asking this question to myself. Should the judges not be treated equally like other citizens? They should obviously be treated equally as per the mandate of the Rule of Law and our equality jurisprudence.

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