K.G. Balakrishnan

New Delhi, Feb. 18: The Supreme Court today sought a status report from the government on a complaint to the President that charged former Chief Justice of India K.G. Balakrishnan with corruption.

Never before has the top court looked into a plea against one of its own former Chief Justices. This is also the first time that a serving Chief Justice of India will be examining the conduct of his immediate predecessor.

A three-judge bench headed by Chief Justice S.H. Kapadia sought the report from the attorney-general. President Pratibha Patil’s office has sent it to the home ministry.

M. Furquan, who claims to be a journalist, sent the complaint to the President on May 4, 2010 — a week before Balakrishnan retired. Balakrishnan became an apex court judge on June 8, 2000, and its Chief Justice on January 14, 2007.

Balakrishnan now heads the National Human Rights Commission (NHRC). A PIL has been filed in the apex court seeking a CBI probe into the charges and urging the government to suspend him.

Furquan alleged that Balakrishnan had fast-tracked the hearing on a corruption case against Kerala CPM secretary Pinarayi Vijayan on his own, without any request from the parties involved. The case dates back to the 1990s when Vijayan was alleged to have committed irregularities in the Lavalin power deal as a state minister.

Furquan has claimed that the hearing was hastened at the instance of Balakrishnan’s family which “was friendly with Vijayan” and from whom they have gained “considerable monetary benefits”.

Balakrishnan’s son Pradeep is a lawyer as are his sons-in-law P.V. Sreenijin and M.J. Benny and daughters Sonu and Rani.

Furquan has also alleged that Karnataka’s powerful Reddy brothers, accused of illegal mining, had met one of his sons-in-law to seek help in ensuring that Balakrishnan went soft on the cases involving the siblings. Balakrishnan is also accused of keeping cases against Mayavati and Amar Singh pending under his family’s influence.

Today’s court move to seek a report came during a hearing of the PIL, filed by lawyer Manohar Lal Sharma. Sharma sought a directive to the Centre to initiate the process of Balakrishnan’s removal as NHRC head. Under the Human Rights “ Act, 1993, its chief can be removed only under a presidential reference to the top court, which inquires into the charges.

“All citizens are equal in the eyes of the law. The law could not differentiate between a commoner and a former CJI,” Sharma said in his petition. He also argued that the judges’ inquiry act did not grant Balakrishnan immunity from probe and prosecution.