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Inquiry against ex-Chairman, NHRC Shri K.G. Balakrishnan
Our PIL seeks a writ of mandamus to the Union of India to comply with the Court’s order of May 10, 2012 in our PIL WP (C) 35/2012 by making a reference for holding an inquiry against Shri K. G. Balakrishnan, Chairman, National Human Rights Commission. We have comprehensively rebutted the specious arguments advanced by the UOI in support of its contention that there was no misbehavior on the part of Justice Balakrishnan, either as a judge, or as Chairman, NHRC.
In the hearing on September 16, 2015, our counsel brought to the Court’s notice that regrettably, the prayer seeking the removal of Justice Balakrishnan as chairperson of NHRC had become infructuous since he had already demitted the office in May 2015. He urged that this instance raised serious concerns regarding the accountability of judiciary in the country and that the Court should direct the CBI to register a preliminary enquiry into the charges of disproportionate assets against Justice Balakrishnan under the Prevention of Corruption Act. The Court was reluctant to delve into the allegations of ‘benami’ properties allegedly acquired by him but observed that source of income had not been duly examined by the Income Tax authorities and the issue could be looked into.