Noted jurist Shanti Bhushan today demanded a probe to ascertain if Justice HL Gokhale had named the then telecom minister, A Raja, in his communication to the then CJI KG Balakrishnan on the issue of influencing a judge in Madras high court in a case.
Bhushan sought the probe after Justice Gokhale, former Chief Justice of Madras high court and now a Supreme Court judge, issued a statement saying that he in his communication as the Chief Justice last year had clearly spelled out Raja's name, detailing his misdemeanour to approach Justice S Reghupathi, which had been denied by Balakrishnan earlier.
"Only the records of the Supreme Court will say what is the correct position," Bhushan said, suggesting a probe to set the record straight on the controversy.
"This is very surprising if Justice Gokhale is saying that the letter sent to Balakrishnan mentioned that Justice Reghupathi was approached in the name of Raja.... It is surprising that the former CJI is denying the fact that no letter has been received by him mentioning Raja's name," said Shanti Bhushan.
Maintaining that ex-CJI should have taken due note of Justice Gokhale's communication, Shanti Bhushan said, "Former CJI Balakrishnan might not have taken serious notice of the letter. Although his duty was to take very serious notice of the letter coming from a judge of a high court and mentioning about an attempt to influence him in a particular case on behalf of a minister.
"Serious notice should have been taken and some action should have been taken into the matter," Bhushan said.
"In the Supreme Court, records are kept and that letter must have been put up before the then CJI. It was such an important issue involving a high court judge and a minister," said Bhushan.
"When such letters are put up before a judge or a minister, they always initial it that they have seen it and also direct appropriate action," he said.
On Reghupathi's letter, Bhushan said that it was appropriate that he informed the higher authority about the incident.
"I think it was quite appropriate of justice Reghupathi to leave it for CJI as to what action should be taken into the matter," he added.
Bhushan said that the matter has gained significance especially in the wake of the 2G spectrum scam.
Justice Gokhale issued the statement contradicting former CJI Balakrishnan's statement on December 8 that the letter received by him last year from Justice Gokhale had no mention of Raja or any Union minister.
