A bench comprising Chief Justice S.H. Kapadia and Justice Swatanter Kumar asked Attorney General G.E. Vahanvati to take instructions in this regard and report back to the court by March 12.
New Delhi: The Supreme Court on Monday sought to know from the government if it had taken any action or proposed to take any action on complaints alleging corruption and other charges against National Human Rights Commission chairperson K.G. Balakrishnan.
A bench comprising Chief Justice S.H. Kapadia and Justice Swatanter Kumar asked Attorney General G.E. Vahanvati to take instructions in this regard and report back to the court by March 12.
The bench sought a status report on complaints against Justice Balakrishnan while hearing a petition by NGO Common Cause, seeking a direction to the Centre to initiate the process for removal of the NHRC head in view of charges of misbehaviour against him.
The NGO had sought an intervention as the government was reportedly ignoring complaints against him. It alleged that Justice Balakrishnan faced charges of amassing benami properties, suppressing the fact that former Union minister A. Raja had been accused of attempting to interfere with the course of justice and approving false RTI replies pertaining to assets of judges during his tenure as the CJI.
Common Cause counsel Prashant Bhushan said there had been no response to complaints sent as early as in April.
He said about 20 properties had been acquired by his brother and two sons-in-law between 2005 and 2009 when Balakrishnan was in the Supreme Court. He had also given a false statement denying any complaint against Raja.
Bhushan said NHRC chairperson could be removed if a reference is made by the government to the Supreme Court and the court, after an inquiry recommends removal. With the government not making a reference, he sought a mandamus to the government for performing its duty.
Justice Kapadia, however, raised questions on another petition by a lawyer seeking removal of Justice Balakrishnan. "How can we do so?'' Justice Kapadia observed, referring to the provisions pertaining to removal in the Human Rights Act.
Bhushan said the court could always intervene when the government fails to perform its duty under law. "The court is not helpless in any situation but we need justification for intervention," Justice Kapadia said. The Supreme Court, had earlier permitted the CBI to take "necessary action" on complaints against Justice Balakrishnan.
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