Before issuing notice to the Centre on the PIL by NGO 'Common Cause', a bench of Justices B S Chauhan and S A Bobde asked advocate Prashant Bhushan about the status of the complaint and representation given by the NGO to the government pursuant to a similar petition filed by it last year.
Bhushan said the government was stalling the process of initiation of removal proceedings, which gets kick-started with a presidential reference to the Supreme Court for inquiring into the alleged misconduct and other charges against Justice Balakrishnan. The government simply did not want to make any inquiry, Bhushan alleged.
After inquiring about the petitioner's representation and the government's reply, the bench issued notice to the Union home ministry and sought its response in three weeks. "Let the ministry make its stand clear, whether they have disposed of the complaint or are still considering it," the bench said.
Importantly, on a similar petition by the NGO, the SC had on May 10 last year directed that "if the allegations are found to be unworthy of any further action, the petitioner shall be informed accordingly. Alternatively, the President of India, based on the advice of the council of ministers, may proceed with the matter in accordance with the mandate of Section 5(2) of the Protection of Human Rights Act, 1993".
Justice Balakrishnan became CJI on January 14, 2007 and retired on May 11, 2010. Less than a month later, he was appointed NHRC chief on June 7, 2010 and continues in the post.
Pursuant to the order, the Union law ministry on January 29 this year wrote to the NGO saying since Justice Balakrishnan had retired as CJI, the alleged misconduct or other charges emanating from the period when he was CJI would not be relevant for the purpose of initiating process for his removal from the post of NHRC chairperson.
The ministry had said, "Therefore, his conduct as CJI does not appear to be a relevant ground for making a presidential reference to the Supreme Court under Section 5(2) of the PHR Act, 1993 in respect of his continuation in his present tenure as chairperson of National Human Rights Commission."
Referring to the letter, the NGO in its fresh petition said, "Despite the fact that there is overwhelming evidence indicating that Justice Balakrishnan has been guilty of several acts of grave misbehaviour, the government has refused to initiate the process for his removal from the office of chairperson of NHRC.
"In the first instance, the President of India has to make a reference to the Supreme Court, which will hold inquiry on the grounds of misbehaviour. No such reference was made, and thus the process of removal, which has to be preceded by an inquiry by the Supreme Court, has been frustrated at the threshold."
dhananjay.mahapatra@timesgroup.com
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