NIN Web Desk : (Dr subhrojyoti chattopadhyay); Justice Rakesh Kumar, who was a Judge of the Patna High Court and retired as a Judge of the Andhra Pradesh High Court, had filed a complaint before the President of India on November 8, 2024 seeking a probe into what he described as an “improper conduct” and potential abuse of office by the former CJI. Justice Kumar was elevated as a Judge of the Patna High Court in December 2009 and was transferred to the Andhra Pradesh High Court in November 2019, from where he retired on December 31, 2020. He was appointed as a Judicial Member of the National Company Law Appellate Tribunal (NCLAT) on May 17, 2022 and resigned from the position in October 2023.
He sought permission from the President of India under Section 17A of the Prevention of Corruption Act, 1988, to allow the Central Bureau of Investigation (CBI) to initiate an inquiry into Justice Chandrachud’s role in the constitution of two separate benches on July 1, 2023, during the Apex Court’s summer vacation, to hear the bail plea of activist Teesta Setalvad. He said with a heavy heart and a view to restore confidence of public at large in the judicial system, he has been constrained to approach the President for conducting an inquiry in respect of improper conduct of Justice Chandrachud, who by way of abusing his official position, had constituted Bench twice on the same date with a view to directly or indirectly grant undue favour to an accused namely Teesta Atul Setalvad.
Setalvad was accused of serious offences, including fabrication of evidence and coercing witnesses, with the alleged aim of implicating senior officials in the Gujarat Government. It was also submitted before the Apex Court that a number of persons had deposed that accused Teesta Atul Setalvad forced them to give affidavit so as to implicate higher ups in the State Government at that time, he noted, referring to arguments made by the Additional Solicitor General during court proceedings.
Justice Kumar pointed out that Setalvad’s bail had been rejected by a Sessions Court and later by the Gujarat High Court on July 1, 2023. However, on that very day, she moved the Supreme Court by filing a Special Leave Petition. As per the former High Court judge, a Special Bench was constituted that same day to hear her plea, but the bench members could not agree on granting interim relief. As a result, the matter was referred to a larger Bench.
“If during inquiry elements of other cognizable offences are surfaced, the C.B.I. may be directed to register a regular case for its logical end,” Justice Kumar wrote. The complaint was forwarded by the Department of Justice to the DoPT on March 5, 2025 stating that it was received by them through the Ministry of Home Affairs on February 6, 2025, “for action, as appropriate, under information to petitioner”.
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