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The Central Bureau of Investigation (CBI) has reportedly sought Allahabad High Court's permission to prosecute its former judge Shri Narayan Shukla for corruption charges.

As per media reports, the CBI has sought High Court’s sanction to charge sheet the judge as an accused in the corruption case.

On December 4, 2019, the CBI had registered a corruption case against then sitting Allahabad High Court judge along with retired Orissa High Court judge IM Quddusi, and four others for granting a favorable order to a Lucknow-based medical college in lieu of illegal gratification.

The main charge against the former high court judge is that in 2017, a bench headed by him arbitrarily gave relief to two medical colleges including Prasad Institute of Medical Science, which were debarred by the Ministry of Health and Family Welfare from admitting students for two years (2017-2019) because of substandard facilities and non-fulfilment of the required criteria in May 2017.

Allegedly, the retired Orissa High Court judge had engaged Justice Shukla for managing the matter and the judge had accepted bribes from Prasad Education Trust-run Glocal Medical College in return for favourable verdicts.

It was alleged that not only did the bench headed by Justice Shukla pass the controversial order in complete violation of one order of the Supreme Court, he later even went to the extent of making unilateral changes to an order passed by his bench to provide undue benefit to the erring colleges, without consulting the other judge sitting with him.

Facts of the case

On September 1, 2017 the bench headed by Justice Shukla in its detailed order in the case of GCRG Memorial Trust quashed the orders of the MCI and the Health Ministry debarring the colleges. It also asked the respondents to "make available students willing to take admission in petitioner college" within the prescribed time-frame.

However, the court order didn't help the Trust since the last date for admission had been fixed for August 31 by the Supreme Court.

But, ignoring Apex Court's order, the High Court extended the date of admission to September 5, thereby allowing the Trust to continue admitting students.

Shukla’s verdict was challenged by the Medical Council of India three days later in the Supreme Court. It was heard by the then chief justice and two other judges.

On November 23, 2017, a Supreme Court bench comprising then CJI Misra and Justices A.M. Khanwilkar and D.Y. Chandrachud, took serious note of the action of the Allahabad High Court's Division Bench headed by Justice Shukla. 

The Apex court observed that the HC had "...for some unfathomable and inscrutable reason, referred to certain judgments of this Court and allowed the prayer".

"It is beyond our comprehension as to how the High Court could have even remotely thought of passing an order granting the Letter of Permission for the Academic Session 2016-2017 and renewal for 2017-2018," the Supreme Court judgment stated.

Following this, the then CJI formed an in-house committee to probe the matter, and that committee in January 2018 concluded that there was “sufficient substance” in allegations against Justice Shukla. 

In pursuance of the same, the then CJI recommended impeachment proceedings against Justice Shukla, however, Justice Shukla retired in July 2020 in the normal course as the impeachment proceedings could not be initiated against him timely. 

Under the Judges (Enquiry) Act, 1968, after the CJI writes to the President and the Prime Minister for removal of a high court judge, the Rajya Sabha chairperson has to initiate the process for impeachment of the judge. In Justice Shukla’s case, nothing of this sort happened. 

Meanwhile, the matter was later handed over for investigation to the CBI which had registered the corruption case against Justice Shukla. 

As its investigation has revealed the involvement of Justice Shukla in the aforesaid offence, the agency has decided to chargesheet him as accused and has sought sanction from the Allahabad High Court.