-: [rti4empowerment] Writ Petition for action against corrupt High Court Judges

Monday, November 29, 2010

[rti4empowerment] Writ Petition for action against corrupt High Court Judges

Friends,

As we all know the credibility, credentials, respect and honour of the entire Judiciary has been sadly and badly damaged when the Hon'ble Supreme Court has openly declared in its landmark and path-breaking judgement dated 26/10/2010 in Civil Appellate Jurisdiction in Special Leave Petition(Civil) NO. 31797 of 2010 Raza Khan versus UP. Sunni Central Waqf Board & another that- "something is rotten in the Allahabad High Court" and that- "The Allahabad High Court really needs some house cleaning (both Allahabad and Lucknow Bench)".

Based on the facts as presented in the above-mentioned decision, I have today filed a Writ Petition in the Allahabad High Court, Lucknow bench. The Union of India through the Secretary, Ministry of Law and Justice, the Supreme Court of India and the Chief Justice of the Allahabad High Court have been made the respondents in the Petition.

In the Writ petition, other than presenting the statements made by the Supreme Court in this decision, I have said that there is an immediate need to initiate suitable legal and Constitutional actions against all those recalcitrant, accused and alleged Judges of the High Court of Allahabad, both the Allahabad and Lucknow Benches based on whose conduct the Supreme Court of India openly stated with much chagrin and contempt that something is rotten in the Allahabad High Court.

I have presented the facts of a similar case of Justice Soumitra Sen of the Calcutta High Court, when charges of corrupt practices and misconduct against Justice Sen, not even during his tenure as the Judge of the Calcutta High Court but as an Advocate much earlier to that period, came into notice. Justice K G Balakrishnan the then CJI wrote a letter to the Prime Minister of India where he recommended that the proceedings be initiated for removal of Mr. Justice Sen, Judge, Calcutta High Court.

In the same vein, the Writ petition requests that there is a need to initiate suitable enquiries against all such Judges of the High Court of Allahabad, both the Allahabad and Lucknow Benches against whom as per the above-mentioned judgement- "a lot of complaints are coming against certain Judges of the Allahabad High Court relating to their integrity", against whom it has been said that-"Some Judges have their kith and kin practising in the same Court, and within a few years of starting practice the sons or relations of the Judge become multi-millionaires, have huge bank balances, luxurious cars, huge houses and are enjoying a luxurious life" and against whom as per the Apex Court version- "There are other serious complaints also against some Judges of the High Court."

The Writ Petition also requests that there is also an immediate need to initiate the Impeachment proceedings against all such accused Judges of the Allahabad High Court, both the Allahabad and the Lucknow Bench against whom such enquiries go on to prove such extreme charges of corruption, misconduct and nepotism and to initiate criminal proceedings against all such Judges against whom these serious charges of corruption gets suitably substantiated, including the Judge of the Allahabad High Court against whom the Supreme Court specifically mentioned that- "the above two ex-parte interim orders of the Single Judge of the Allahabad High Court were clearly passed on extraneous considerations." Finally the Writ Petition also requests that there is an immediate requirement to initiate proceedings to stop Pensions of all such retired Judges of Allahabad High Court about whom after such proper enquiry made on the orders of the respondents, substantial and conclusive charges of corrupt practices and nepotism are corroborated and established.

The Writ Petition requests that if such steps are not taken, one of the very first effects would be that the credibility of the Allahabad High Court, one of the oldest and the most respected High Courts founded on 17 March 1866 would be lost forever.

Ashok Pandey is the Counsel pursuing the case in the High Court.

Dr Nutan Thakur,
Convener,
National RTI Forum,
Lucknow
# 94155-34525

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