Report of the probe by the income-tax department into the allegations that relatives of former chief justice KG Balakrishnan had amassed huge wealth during his tenure was submitted on 12 March 2012 to the Supreme Court. Attorney-general GE Vahanvati submitted the report on behalf of the Union government to the apex court bench of chief justice SH Kapadia and Justice Swatanter Kumar. The bench directed the government to inform it on the further action to be taken on allegations against former CJI, Balakrishnan, who is presently the chairman of National Human Rights Commission (NHRC) within three weeks.
The court's direction came during hearing of a Public Interest Litigation filed by civil society Common Cause, which alleged that the ex-CJI and his relative amassed wealth far exceeding their legal income during Balakrishnan's tenure as an apex court's judge.
The PIL sought apex court's direction to the government to take proper action against the ex-CJI, who is presently the chairman of National Human Rights Commission (NHRC).
Justice Balakrishnan had been elevated as a Supreme Court judge in June 2000 and was appointed the Chief Justice of India on 14 January 2007. He retired on 12 May 2010 following which he was appointed NHRC chairman.
The petition stated that despite evidence indicating that Balakrishnan has been guilty of several acts of grave misbehaviour, the government did not attempt to remove him from the NHRC.
No action was taken against Balakrishnan though a provision under the Human Rights Act specifies that the NHRC Chairperson or its other members shall be removed from his office by the order of the President of India on the ground of misbehaviour after the Supreme Court, on a reference being made to it by the President, has on inquiry reported that the Chairperson or such member, on any such ground, be removed.
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