Fresh PIL in SC to remove ex-CJI from NHRC chief post

A fresh public interest litigation (PIL) was filed in the Supreme Court on Friday seeking direction to the Centre for recommending a Presidential reference in order to remove former chief justice of India K G Balakrishnan as chairman of the National Human Rights Commission (NHRC).

An NGO named Common Cause urged the court to issue orders for initiating steps to remove Justice Balakrishnan on charges of “misbehaviour” (corruption) by making a reference to the apex court for holding an inquiry against him under the Protection of Human Rights Act.

The petition was filed after the Centre had in January refused to initiate proceedings for removal of the NHRC chairman over corruption charges.

According to the NGO, the ex-CJI and his relatives had amassed wealth far exceeding their legal income during his tenure as an apex court judge.

The government had refused to make a reference on the ground that the alleged charges against Balakrishnan pertained to the period before he was appointed NHRC chairperson, and hence an inquiry could not be recommended under the Act.

The Ministry of Home Affairs (MHA), in its communication, had contended that Justice Balakrishnan’s conduct as the CJI was not a relevant ground for making a Presidential reference.

The NGO had filed its complaint with the government after a similar plea by it was decided by the court in May 2012.

The court had then said that if there was any truth in the allegations, then it was for the President to make a reference to the Supreme Court, on the advice of Council of Ministers, for inquiry against the former CJI.