India Supreme Court says no for Presidential reference against ex-CJI

New Delhi, May 10 (PTI) The Supreme Court today refused to direct the central Indian government to recommend a Presidential reference against the National Human Rights Commission (NHRC) Chairman and former Chief Justice of India K G Balakrishnan for his alleged misconduct during his tenure as a judge in the apex court. The apex court, however, asked the competent authority of the Centre to look into the allegation of judicial misconduct against the former CJI. A bench of justices B S Chauhan and J S Khehar said if there is any truth in the allegations, then it is for the President to make reference to the Supreme Court, on the advice of Council of Ministers, for inquiry against the former CJI. The court passed the order on a public interest litigation by an NGO, Common Cause, which had sought directions from the court to the government to make a Presidential reference to the apex court for removal of Balakrishnan as NHRC chairman. The NGO had alleged that the ex-CJI and his relatives had amassed wealth far exceeding their legal income during Balakrishnan's tenure as an apex court judge. Justice Balakrishnan had been elevated as a Supreme Court judge in June 2000 and was appointed the Chief Justice of India on January 14, 2007. He retired on May 12, 2010 after which he was appointed NHRC chairman. The NGO had also sought directions to the Ministry of Home Affairs (MHA) for making a reference to the apex court under the Human Rights Act to look into the allegations of "misbehaviour" against Justice Balakrishnan. The court had reserved its verdict on the NGO's plea on May 7. A provision under the Human Rights Act says the NHRC chairperson or its members cannot be removed from their offices unless the President of India orders it on the ground of proved misbehaviour, ascertained by the Supreme Court after an inquiry on the President's reference for the probe. PTI