New Delhi: The In-House Inquiry Committee constituted by the Chief Justice of India, Deepak Mishra to look into pending charges of corruption against the sitting judge of the Allahabad High Court, Justice Narayan Shukla in the Medical Council of India (MCI) case, in its report submitted to the CJI has carried certain adverse comments against the Judges doings.
The alleged charges which initiated an inquiry are related to the Allahabad High Court Judge, Justice Narayan Shukla granting admission permission to a certain private medical college despite an MCI ban, and the Supreme Court rulings on the case.
The Allahabad High Court judge came under the CBE scanner after he made hand-written corrections on September 4, 2017, to his own bench’s order of September 1, allowing a medical college in Uttar Pradesh to admit students for the 2017-18 session. This came as surpassing of a supreme court order by him eight days after the apex court had barred all the High Courts from giving permission to the Lucknow-based GCRG Institute of Medical Science from taking in fresh admissions for the academic session 2017-18.
The Indian Express reports that Chief Justice Deepak Mishra received the in-house inquiry report from the senior most panel member Chief Justice Bannerjee last weekend. Other members of the In-house inquiry committee comprised Madras High Court Chief Justice, Indira Banerjee, Sikkim High Court Chief Justice S K Agnihotri and the Madhya Pradesh High Court’s Justice P K Jaiswal,
The committee conducted a non-judicial fact-finding inquiry, giving Justice Shukla full opportunity to defend himself, with no examination or cross-examination of any witnesses conducted.
As per the report in Indian Express, Justice Shukla is alleged to have been also been found involved in the Prasad Education Trust case by the Central Bureau of Investigation as well. According to the Indian Express report, on September 6, 2017, a senior CBI official had approached CJI Misra, for permission to file a fresh FIR against Justice Shukla, along with the evidence in the form of transcripts of telephone conversations between those accused in the case. The accused in this case being retired Odisha High Court judge I M Quddusi, middleman Vishwanath Agarwala and BP Yadav of the Prasad Education Trust.
The Chief Justice is believed to have declined permission to the CBI. leaving the sleuth agency with no choice but to record the same in writing on the noting reported the Indian Express.
The CBI then moved ahead with a PE in the matter which was filed on September 8. 2017. Portions of the PE quoted by the Indian Express states that “Source has informed that Shri I. M Quddusi approached Hon’ble Justice Narayan Shukla, the high court of Allahabad at Lucknow bench for managing the matter. Source has also informed that Shri I.M Quddusi and Shri B.P Yadav met Hon’ble Justice Shri Narayan Shukla in the morning of 25.08-2017 at his residence in Lucknow regarding the matter and delivered illegal gratification”.
The September 19, 2017, FIR filed by the CBI named Quddusi, Yadav, Agarwala and others for allegedly bribing senior public functionaries, with no mention of Justice Shukla.
The submission of the in-house inquiry report with certain adverse remarks against Justice Shukla justifies the CBI findings.