The Department of Justice at the Ministry of Law and Justice has forwarded a complaint filed by former Patna High Court judge Justice Rakesh Kumar against former Chief Justice of India DY Chandrachud to the Department of Personnel and Training (DoPT) for further action.
Justice Kumar had filed a complaint before President Draupadi Murmu on November 8, 2024, seeking a probe against former CJI Chandrachud over allegations of ‘improper conduct’ and potential abuse of office.
He sought permission from the President of India under Section 17A of the Prevention of Corruption Act, 1988, to allow the Central Bureau of Investigation (CBI) to initiate an inquiry into Justice Chandrachud’s role in the constitution of two separate benches on July 1, 2023, during the Apex Court’s summer vacation, to hear the bail plea of activist Teesta Setalvad.
Justice Kumar contended that these actions amounted to an abuse of authority with the intent to extend ‘undue’ favour to an accused facing serious criminal charges.
He said with a heavy heart and a view to restore confidence of public at large in the judicial system, he has been constrained to approach the President for conducting an inquiry in respect of improper conduct of Justice Chandrachud, who by way of abusing his official position, had constituted Bench twice on the same date with a view to directly or indirectly grant undue favour to an accused namely Teesta Atul Setalvad.
Setalvad was accused of serious offences, including fabrication of evidence and coercing witnesses, with the alleged aim of implicating senior officials in the Gujarat Government.
It was also submitted before the Apex Court that a number of persons had deposed that accused Teesta Atul Setalvad forced them to give affidavit so as to implicate higher ups in the State Government at that time, he noted, referring to arguments made by the Additional Solicitor General during court proceedings.
Justice Kumar pointed out that Setalvad’s bail had been rejected by a Sessions Court and later by the Gujarat High Court on July 1, 2023. However, on that very day, she moved the Supreme Court by filing a Special Leave Petition.
As per the former High Court judge, a Special Bench was constituted that same day to hear her plea, but the bench members could not agree on granting interim relief. As a result, the matter was referred to a larger Bench.
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