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Court won't order presidential reference against former cji - China MCS Connector by qrt etget





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Court won't order presidential reference against former cji - China MCS Connector by
Article Posted: 01/27/2013
Article Views: 39
Articles Written: 2163
Word Count: 436
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Court won't order presidential reference against former cji - China MCS Connector


 
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The Supreme Court on Thursday refused to direct the Centre torecommend a Presidential reference against NHRC Chairman and formerCJI K.G. Balakrishnan for his alleged misconduct during his tenureas a judge in the apex court. The apex court, however, asked the competent authority of theCentre to look into the allegation of judicial misconduct againstthe former Chief Justice of India (CJI). A bench of justices B.S. Chauhan and J.S.

Khehar said if there isany truth in the allegations, then it is for the President to makereference to the Supreme Court, on the advice of Council ofMinisters, for inquiry against the former CJI. The court passed the order on a PIL by civil society Common Cause,which had sought directions from the court to the government tomake a Presidential reference to the apex court for removal offormer CJI Balakrishnan as the chairman of National Human RightsCommission (NHRC). The NGO had alleged that the ex-CJI and his relatives amassedwealth far exceeding their legal income during JusticeBalakrishnan's tenure as an apex court judge. Justice Balakrishnan had been elevated as a Supreme Court judge inJune 2000 and was appointed the Chief Justice of India on January14, 2007.

He retired on May 12, 2010 after which he was appointedNHRC chairman. The NGO had also sought directions to the Ministry of Home Affairs(MHA) for making a reference to the apex court under the HumanRights Act to look into the allegations of"misbehaviour" against Justice Balakrishnan. The court had reserved its verdict on the NGO's plea on May7. A provision under the Human Rights Act says the NHRC chairperson orits members cannot be removed from their offices unless thePresident of India orders it on the ground of proved misbehaviour,ascertained by the Supreme Court after an inquiry on thePresident's reference for the probe. Common Cause, in its petition, had annexed media reports asdocuments to buttress its allegations that ‘benami'properties were acquired by Balakrishnan's kin during histenure in the Supreme Court.

On an earlier date of hearing, the Centre had told the apex courtthat it is probing into the allegations that Balakrishnan and hisrelatives had amassed disproportionate assets during his tenure asa judge and had submitted a probe status report to it in a sealedenvelop. The court after going through the report had asked the governmentto tell it as to what further action it intended to take on theallegations against the former CJI and apprise it about it.

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