Law Kumar Mishra | Team TrickyScribe: In a formal petition addressed to the President of India, retired Justice Rakesh Kumar has sought permission under Section 17A of the Prevention of Corruption Act, 1988, for a Central Bureau of Investigation (CBI) inquiry into the actions of Chief Justice of India (CJI) Dr. D.Y. Chandrachud. The complaint pertains to the alleged improper constitution of Supreme Court benches on July 1, 2023, during the court’s summer vacation, to grant interim relief to Teesta Setalvad, who is accused of serious crimes.
Teesta Setalvad’s Legal Saga
Teesta Setalvad has been accused of forging evidence and attempting to implicate unrelated individuals in politically sensitive cases, allegedly destabilizing the Gujarat government during Narendra Modi’s tenure as Chief Minister. Following the Gujarat High Court’s rejection of her bail plea on July 1, 2023, Setalvad swiftly appealed to the Supreme Court. A Special Bench was constituted on the same day to hear her appeal but could not reach a consensus. The matter was then escalated to a larger bench, which granted her interim relief.
Allegations Against the CJI
The petitioner alleges that CJI Chandrachud’s actions in constituting both benches on the same day displayed undue urgency, raising questions about procedural propriety. Furthermore, it is claimed that the larger bench was formed while Dr. Chandrachud was attending a cultural program, and not present at the court premises or his official residence, which adds to the allegations of impropriety.
Claims of Extraneous Influence
Justice Rakesh Kumar has suggested that the CJI’s conduct may have been influenced by external pressures, including financial inducements, aimed at destabilizing a democratically elected government. He argues that these actions warrant an independent investigation by the CBI, as they potentially violate Sections 7, 7A, and 8 of the Prevention of Corruption Act, which address abuse of position and undue advantage by public servants.
A Request for Presidential Intervention
The petition calls on the President of India to:
1. Grant permission under Section 17A of the Prevention of Corruption Act for an inquiry into the CJI’s conduct.
2. Direct the CBI to undertake an in-depth investigation, with the authority to file a regular case if other cognizable offenses are discovered during the inquiry.
Procedural Concerns in Bench Constitution
The petition also highlights procedural irregularities, noting that the Supreme Court was on summer vacation from May 22 to July 3, 2023. While the Registry remained operational, the urgency shown in constituting the Special and larger benches on July 1, immediately after the Gujarat High Court’s decision, was unusual and, according to the petitioner, indicative of external influences.
Call for Judicial Accountability
Justice Rakesh Kumar has clarified that his petition does not question the judicial orders passed by the Supreme Court but seeks accountability for the alleged misuse of authority by the CJI. The petition emphasizes the importance of upholding public confidence in the judiciary and ensuring that no individual, regardless of rank, is above scrutiny when allegations of impropriety arise.
Awaiting Presidential Decision
The petition now awaits the President’s decision to initiate the requested inquiry, which could have significant implications for judicial transparency and the integrity of India’s legal system.
Total Views: 3,86,924
