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First in 28 years CJI allows FIR against sitting HC judge

Date: 31 July 2019 Tags: Judiciary & Judgments

Context:

  • Chief Justice of India Ranjan (CJI) Gogoi has allowed the Central Bureau of Investigation (CBI) to lodge an FIR against justice S.N. Shukla of the Allahabad High Court
  • This comes only a few days after justice Shukla requested CJI Gogoi to restore judicial functions to his jurisdiction.
  • CJI Gogoi had ordered to take away his judicial functions in January 2018.
  • Justice Shukla’s prosecution is the 1st such case since the 1991 Supreme Court judgement in Veeraswamy CaseWhy would Justice S.N. Shukla be prosecuted?

Why would Justice S.N. Shukla be prosecuted?

  • Justice Shukla is accused of favouring a private medical college by extending the deadline for admission of students in contravention of the existing rules.About the prosecution judges of the higher judiciary (Supreme Court and High Courts) in India:

About the prosecution judges of the higher judiciary (Supreme Court and High Courts) in India:

  • Prosecution of judges of the high court and the Supreme Court were not allowed till July 1991.
  • Veeraswamy case, 1991:
      • Justice Veeraswany of Madras High Court had challenged the government’s decision of booking him in a corruption case of, 1976.
      • His argument was “law gives immunity to judges of the appellate courts from prosecution.”
      • However, the Supreme Court rejected this argument of justice Veeraswamy and provided for lodging FIR against such judges if nod for the same is given by the CJI.