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Synopsis

A representation written by several legal professionals, arbitrators, mediators and ADR practitioners alleges that certain acts of the former Chief Justice of India NV Ramana have raised concerns regarding credibility of judicial administration and delivery of justice.

The allegation is that Justice Ramana and other judges consistently promoted and used their official position to solicit business for the “International Arbitration and Mediation Centre” (IAMC) at Hyderabad which is a trust wherein government is not involved. IAMC is a Trust formed by Justice N.V Ramana in his personal capacity and there was no official sanction by the Government of India or the Supreme Court of India for establishing such a centre.

The representation calls this act as corruption giving an example that if the same act is done by a government doctor who tells a patient before him to get the treatment done in a private hospital administered by him or his close friends or relatives, probably the doctor would be arrested under the Prevention of Corruption Act.

"This illegal act, if approved, will throw open a new corrupt practice, where judges right from magistrate court to Supreme Court will now develop private business during their official term and create safe post-retirement facilities using their power and influence while in office," the representation argues.

The representation further says that the actions of former CJI and other judges "have sent shock waves eroding public respect for the judiciary and adversely affecting judicial credibility, especially at a time when the judicial credibility is repeatedly put to the test".

The representation has urged the Government of India to constitute a high-level committee to conduct an inquiry into the alleged illegal acts of Justice Ramana, including illegal establishment of the International Arbitration & Mediation Centre (IAMC) at Hyderabad.

"The (former) Chief Justice of India N.V. Ramana and Telangana Chief Minister K. Chandrasekhar Rao inaugurated the 'International Arbitration and Mediation Centre' (IAMC) at Hyderabad. As per the news reports, the function was attended by Supreme Court Judges, Justice L. Nageswara Rao and Justice Hima Kohli, SC former judge Justice R.V. Raveendran, Telangana High Court Chief Justice Satish Chandra Sharma and ministers Mahmood Ali, KT Rama Rao and Indrakaran Reddy", the representation states. 

However, it adds that on scrutinising the constitution of IAMC, it was understood that the centre was established under a Trust formed by Justice N.V Ramana in his personal capacity (as there was no official sanction by the Government of India or the Supreme Court of India for establishing such a centre) and was registered at Hyderabad.

Additionally, for promotion and propagation of the centre even before the inauguration of the centre, the Chief Justice’s bench of the Supreme Court, comprising of Justice N.V. Ramana and Justice Hima Kohli made the parties in a high stake matter to accept mediation and put forth a condition that they should use the infrastructure of IAMC at Hyderabad, the representation adds.

It also says that even though it is stated that Justice Ramana has no direct nexus in the administration of the centre and that he is neither a Trustee nor Governing Board member, Justice Ramana is the key person who takes decisions about the centre.

Furthermore, it alleged that Justice Ramana had directly asked the Telangana government to allot around 5 to 10 acres of land nearby the financial district to set up the centre.

It has also requested the Comptroller and Auditor General of India to investigate into matter since it involves a large scale misuse of public funds and assets by the Government of Telangana overlooking procedure and propriety.