Graft smear on ex-CJI Balakrishnan has no basis,govt tells SC

Income-tax inquiry against former CJI Balakrishnan failed to produce incriminating evidence.

Defending his continuance as chairperson of the NHRC,the government has informed the Supreme Court that the income-tax inquiry against former Chief Justice of India K G Balakrishnan and members of his family had failed to produce any incriminating evidence to link their monetary transactions to cases pending in courts.

The Ministry of Home Affairs (MHA),in its affidavit before a bench led by Justice B S Chauhan,has pointed out that a comprehensive inquiry into the assets,as well as professional receipts,by the former CJI and his kin had given them a clean chit.

The MHA said that it had referred the matter to the Ministry of Finance,Department of Revenue and Central Board of Direct Taxes,which gave a supplementary status note dated April 18,2012 on income-tax investigations in the wake of allegations that Balakrishnan had amassed assets disproportionate to his income.

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In the said note,it was mentioned that on the basis of evidence collected during the course of inquiries,it could not be established that the properties were held benami on behalf of Respondent No. 2 (Balakrishnan). Despite there being no allegations regarding professional receipts,they were nevertheless examined and it was found that there was no material to link such payments to any cases pending in the concerned courts, the affidavit says.

The government also drew a distinction between Balakrishnan and Justice Soumitra Sen the first judge to be impeached by the Rajya Sabha defending the former against the clamour to remove him as NHRC chairman.

Responding to a PIL by NGO Common Cause,the MHA said that the allegations against Justice Sen pertained to a period when he was an advocate,and the misconduct had continued while he was a judge. The case at hand cannot be compared to that of Justice Sen as the Respondent No. 2 (Balakrishnan) is not holding a judicial office, it said.

Justice Sen,who was charged with misappropriation of Rs 33 lakh of public funds which he held in his capacity as a court-appointed receiver when he was a lawyer in 1984,escaped impeachment by Lok Sabha after he resigned as a judge of the Calcutta High Court.

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Arguing against a Presidential Reference for the former CJIs removal,the MHA said there was no controversy,nor any allegations or established misbehaviour on the part of Justice Balakrishnan at the time of his appointment in the NHRC in June 2012,and that the allegations against him could not be described as proved misbehaviour under the Protection of Human Rights Act.

It also reasoned that proved misbehaviour,which is a ground for removal of the NHRC chairperson,cannot bring in its ambit accusations relating to conduct in a previous office.

Relying on an opinion by the law ministry,MHA has said that the functions of NHRC chairperson cannot be said to be an elongation of the judicial functions which Justice Balakrishnan discharged as CJI.

The court will take up the governments response on October 17. It had in August asked the Centre to respond to the PIL,which sought a directive to the government to recommend a Presidential Reference for Balakrishnans removal.