M A I N   N E W S

CJI summons three High Court Judges
Panel finds them prima facie guilty
T R Ramachandran
Tribune News Service

New Delhi, December 11
The Chief Justice of the Supreme Court, Mr Justice G B Pattanaik, summoned the three Judges of the Punjab and Haryana Court allegedly involved in acts of omission and commission and apprised them of the findings of a three-judge probe panel headed by Andhra Pradesh Chief Justice A R Lakshmanan.

The Chief Justice of India who met Mr Justice Amarbir Singh Gill, Mr Justice Mehtab Singh Gill and Mr Justice M L Singhal here yesterday is believed to have told them that the probe prima facie holds them guilty for allegedly misusing their office and exerting undue influence in getting their candidates selected in the Punjab Public Services Commission (PPSC).

The probe panel submitted its report to the Chief Justice of India on December 8 that the three Judges of the Punjab and Haryana High Court had pushed the candidature of eight candidates in the PPSC. The Tribune was the first to name the three Judges.

The Chief Justice of India informed the Judges about the charges against them after a detailed inquiry by the Justice Lakshmanan probe panel. He is also reported to have expressed his dismay with the findings of the Justice Lakshmanan probe panel report.

The other members of Mr Justice Lakshmanan probe panel were the Madras High Court Chief Justice Mr B Subhashan Reddy, and Mr Justice Sachidanand Jha of the Allahabad High Court.

The Mr Justice Lakshmanan probe panel had examined the three tainted Judges of the Punjab and Haryana High Court separately. Prior to that the three-judge panel had questioned the three witnesses — Jagman Singh, Randhir Singh alias Dheera (the alleged touts of former PPSC Chairman R S Sidhu) and former SP (Intelligence) S S Mand.

Mr Justice Lakshmanan panel had cross-examined the witnesses and the indicted judges of the Punjab and Haryana High Court at the Andhra Pradesh Bhavan here on November 29.

The inquiry against these three Judges was initiated on the basis of a report from the then Punjab and Haryana High Court Chief Justice Mr A B Saharya. Mr Justice Saharya had submitted his report to the then Chief Justice of India, Mr Justice B N Kirpal.

If an inquiry panel finds that there is substance in the allegations but the misconduct disclosed is not so serious as to call for initiation of proceedings for the removal of the judge, the CJI shall call the Judge concerned and advise him accordingly and may also direct that the report of the Committee be placed on record.

Sources said the Chief Justice of India is determined to initiate action against those found guilty.

The procedure also provides that if the Committee found substance in the allegations and the nature of the allegations are such that it called for initiation of proceedings for the removal of a Judge, the Chief Justice of India should advise the Judge concerned to resign his office or seek voluntary retirement.

If the Judge or Judges concerned express their unwillingness to resign or seek voluntary retirement, the CJI can intimate the President and the Prime Minister about the necessity of initiation of proceedings for the removal of the Judge or Judges.

The Tribune’s stand

The Tribune’s stand in the recruitment scam has remained consistent throughout on three fundamental points — the people’s right to information; freedom of the Press to disseminate information; and the need for transparency in the conduct of the investigations in the sordid affairs of the Punjab Public Service Commission after Mr Justice K.S. Grewal on May 3 put a stop to information flow in the case by a summary order on a petition filed by the main suspect Ravi Sidhu. Subsequently The Tribune came out with a front page editorial “No, My Lord !”.

Another editorial “Do respond, My Lords!” followed as the Punjab and Haryana High Court Bar Association took a principled stand on the conduct of the Judges and other matters relating to the murky affairs of the PPSC. The Bar asked the Chief Justice to hold an enquiry into the allegations against the three Judges whom The Tribune was again the first to name.

The first enquiry, into the reported involvement of the three Judges, started on the instructions of the Chief Justice of India in the month of May itself as the matter was grave in nature and the credibility and honour of the judiciary was at stake.

The Tribune was also the only newspaper to report that Mr Justice Arun B. Saharya, handed over his final enquiry report to the CJI on August 25. A day later, Mr Justice Saharya ordered restoration of work to the three Judges — Mr Justice Amarbir Singh Gill, Mr Justice M.L. Singhal and Mr Justice Mehtab Singh Gill.