DNA Edit | Act quickly, My Lord: CJI must set up committee to investigate SC judge

DNA’s report on how an in-house inquiry against two Odisha High Court judges was halted, once the name of a senior Supreme Court judge cropped up, has raised an inconvenient, yet urgent question of why things have been allowed to come to such a pass.

The inquiry panel, headed by Punjab & Haryana High Court Chief Justice SJ Vazifdar, has now written to the Chief Justice of India seeking guidance on how to proceed ahead with the probe as the probe panel was constituted to investigate HC judges but has no authority to probe an SC judge.

While the panel awaits further instructions, the investigation has come to a standstill. This uncertainty should not be allowed to continue for long. More than ever, it is incumbent on the Chief Justice of India to expedite the probe by setting up another committee to probe the SC justice who has found himself in the middle of this huge controversy due to his close relationship with the two Odisha High Court judges.

Justice Indrajit Mohanty and Justice Sangam Kumar Sahoo are the two judges whose conduct is being probed by a three-member panel. Justice Mohanty is facing allegations of furthering the interests of his hotel business while occupying the position of a judge, while Justice Sahoo is battling the charge that he had exceeded the entitlement from the public funds meant for refurbishing his official residence.

The internal inquiry panel was set up by former CJI TS Thakur, who was acting on a complaint by an RTI activist seeking action against Justice Mohanty on the ground that he had been operating a hotel in Cuttack, and for the running of which he had availed a bank loan of Rs 2.5 crore.

Engaging in a business or a trade, either directly or indirectly, is considered a violation of the codified ethical norms as set out in a pledge titled ‘Restatement of values of judicial life’, which was adopted by the Supreme Court in May 1997.

While these allegations are still unsubstantiated, they only work to erode the trust and faith that the common man has come to repose in the judiciary. This damage can be stemmed immediately if the CJI accords to this sensitive matter the priority it deserves and sets up another committee to probe the link and connection of the Supreme Court judge to these two judges.

In October 2015, the Supreme Court had struck down the National Judicial Appointments Commission Act as unconstitutional and void, while reinstating the legitimacy of the collegium system. If there is further delay in setting up a committee against the SC judge, the arguments against the collegium system will gather strength, anew.