DNA EXCLUSIVE: SC judge's name crops up during probe against HC judges

A three-member committee of judges, constituted by the Supreme Court to conduct an in-house inquiry against two sitting judges of the Odisha High Court, has halted its proceedings after the name of a senior Supreme Court Justice cropped up during the course of the probe.

The panel, headed by Punjab and Haryana High Court Chief Justice SJ Vazifdar, has now written to the Chief Justice of India for guidance and directions.

DNA is aware of the identity of the SC judge but is withholding it in view of the sensitivity of the subject.

Sources told DNA that a series of representations were also made by the complainants in the case to the President and the Prime Minister, mentioning the involvement of the Supreme Court judge. These representations were also sent to the probe panel.

The panel, which comprises Uttarakhand High Court Chief Justice KM Joseph and Justice S Abdul Nazeer, who was earlier with the Karnataka High Court, is conducting an in-house inquiry against Justices Indrajit Mohanty and Sangam Kumar Sahoo for alleged misuse of power and position.

Once the name of the senior Supreme Court judge came up — for his closeness to the two judges who are under probe — the panel decided to write to the CJI.

The letter brings to the CJI's notice this particular development and also underlines the fact that the panel was constituted only to probe High Court judges and has no authority to probe an SC Justice.

When contacted by DNA, Chief Justice Vazifdar refused to comment on the issue. However, sources told DNA that ever since the senior Supreme Court judge's name came up, the proceedings of the in-house committee have come to a standstill.

Sometime back, the panel had asked the two judges to appear before it, if they wanted to do so, in person to defend themselves.

The allegations against Justice Indrajit Mohanty, the senior-most judge of the High Court after the Chief Justice, include furthering his business interests while being a judge.

In the case of Justice Sangam Kumar Sahoo, he is alleged to have spent much more than his entitlement in refurbishing his official residence.

The in-house inquiry panel had been set up by the previous Chief justice of India, TS Thakur, while acting on the complaints filed by two individuals, who had levelled serious allegations against the two judges. The complainants had also provided material to support their allegations.

If the two judges are indicted by the in-house inquiry panel, the CJI can recommend to the President to initiate the process for their impeachment -- the only way, other than voluntary resignation, judges of Supreme Court and High Courts can be removed from office under law.

The Supreme Court, at a full court meeting on December 15, 1999, had unanimously laid down the in-house procedure for taking suitable action against members of the superior judiciary, who indulge in acts of omission or commission and breach the principles laid down in the Restatement of Values of Judicial Life.?The last case in which the Chief Justice of India had recommended impeachment of a sitting judge for proved misbehaviour or incapacity was Justice Soumitra Sen of the Calcutta High Court, who became the first judge in Independent India to be impeached by the Rajya Sabha. He resigned before the Lok Sabha could vote on the motion.

A ‘SENSITIVE’ INVESTIGATION

• The panel is conducting an in-house inquiry against two Odisha HC judges for alleged misuse of power and position.
   
• Once the name of the senior Supreme Court judge came up, the panel decided to write to the Chief Justice of India.