Centre must probe allegations against ex-CJI Balakrishnan: SC

The Supreme Court today directed that a ''competent authority'' of the union government must inquire into corruption and misconduct charges against the apex court's former chief justice K G Balakrishnan, currently chairman of the National Human Rights Commission.

The court was hearing a public interest litigation by Common Cause, which alleged that the former Chief Justice of India and his relatives amassed wealth far exceeding their legal income through benami (third-party) transactions during Balakrishnan's tenure.

A bench of Justice B S Chauhan and Justice J S Khehar however turned down a plea by the appellant to direct the government to recommend a Presidential reference against Balakrishnan, saying in effect that this was beyond its scope. The union council of ministers must advise the President on this, it ruled.

Complaints against Balakrishnan have been filed by both the Committee for Judicial Accountability and the income tax department, which recently said at least three of the former chief justice's close relatives possess assets well beyond their known sources of income. Unaccounted wealth is alleged to have been amassed by several of his relatives during Balakrishnan's tenure as a Supreme Court judge and later the Chief Justice of India.

"Despite the fact that there is overwhelming evidence indicating that the respondent No 3 (Balakrishnan) has been guilty of several acts of grave misbehaviour, the government has not taken any step for his removal from the NHRC," Prashant Bhushan, council for Common Court, had submitted to the court.

The bench said if the competent authority finds the allegations substantiated, it should take appropriate action under section 5(3) of the NHRC Act. This implies that the President may have to send a reference to the apex court seeking its opinion on the desirability of the continuance of Justice Balakrishnan as the NHRC chief.