WP 35 of 2012
Justice K.G.Balakrishnan’s removal from NHRC

Summary :

Common Cause filed a petition for the removal of Justice Balakrishnan from his position as the Chairman, NHRC providing overwhelming evidence that implicates Justice KG Balakrishnan in several instances of misbehavior and prayed to issue a writ of mandamus against his holding the position.

Two of his sons-in-law, his daughters, and his brother were all found to be in possession of the land that greatly exceeded their financial means. This wealth was given to these people as illegal gratification to the then CJI. In another instance, Justice Balakrishnan was found to have been given expensive property on behalf of his aide by the Chief Minister of Tamil Nadu. 

Prior to the filing of the petition, the Campaign for Judicial Accountability and Reforms had sent a letter to the President and Prime Minister enclosing numerous documents proving various acts of misbehaviour by Justice Balakrishnan during his tenure as Chief Justice of India (CJI) requesting that the Government of India make a reference under section 5(2) of the 1993 Act to the Hon’ble Court for initiating an inquiry against said justice in order to remove him from the position of chairman of the NHRC. The Government made no such reference. 

The inaction of the Government in the face of this compelling evidence is in violation of Article 14 of the Constitution of India and that the continuation despite evidence of the misuse of his position in the past is against the public interest 

The judgment claimed that the Hon’ble Court would implore the Competent Authority to make a decision in response to the letters received and would in turn inform the Petitioner of any developments. While the Hon’ble Court found the evidence against Justice Balakrishnan to be true but it stated that under Section 5(2), the only way to move forward with the removal of Justice Balakrishnan from NHRC is through the satisfaction of the President.

In the months following the passing of this judgment, no such action was taken. Common Cause then filed for an Application for Direction outlining the fact that no action has been taken as a result of the judgment and praying that the Hon’ble Court follows through with its judgement. 

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WP 35 of 2012 IA
WP 35 of 2012
WP 35 of 2012 Date 10-May-2012