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HC Judge Against Whom CJI Recommended Impeachment Proceedings Sends Representation to Govt

Minster of State for Law P P Chaudhary said in a written reply that while a "communication" has been received from the CJI, a "representation" has also been received from Justice Shukla.

PTI

Updated:August 2, 2018, 6:51 PM IST
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HC Judge Against Whom CJI Recommended Impeachment Proceedings Sends Representation to Govt
File photo of Chief Justice of India Dipak Misra. (PTI Photo)
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New Delhi: Justice S N Shukla of the Allahabad High Court, against whom the Chief Justice of India recommended impeachment proceedings in January, has sent a representation to the central government, the Lok Sabha has been informed.

Minster of State for Law P P Chaudhary said in a written reply that while a "communication" has been received from the CJI, a "representation" has also been received from Justice Shukla.

The minister did not specify what the representation from the judge said.

The judge is accused of impropriety in dealing with a case related to government ban on admissions to some medical colleges.

Congress MP Shashi Tharoor had asked whether the government had received a letter from the CJI on the need to remove the judge based on the findings of the in-house committee which indicted him of "gross misconduct".

He had also asked whether the government has initiated steps to facilitate his removal.

According to laid down rules, when the CJI writes to the President or the Prime Minister recommending the impeachment of a high court judge, the government is bound to put the process in motion.

The government has to obtain signatures of at least 100 Lok Sabha or 50 Rajya Sabha members on a motion to start impeachment proceedings. It can also request opposition parties to obtain the signatures.

Once the motion is submitted, the presiding officer of the House concerned, constitutes a committee of two judges and a jurist to probe the charges against the judge.

Based on the report the impeachment proceedings are either held or dropped.

The then CJI K G Balakrishnan had recommended the removal of Calcutta High Court judge Soumitra Sen. But he had resigned before both the Houses of Parliament could complete impeachment proceedings.
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