Rubbishing Press Council of India chairman Justice Markandey Katju's charge that he ordered tapping of the telephone of a former judge of Allahabad High Court, former Chief Justice of India SH Kapadia on Saturday said as CJI he could not be expected to do "any unauthorised job".
"You can't expect the Chief Justice to do any unauthorised job". Unless name of such judge is dropped, I cannot respond," Justice Kapadia said while reacting to Katju's allegation in a blog post.
Justice Katju, a former Supreme Court judge, alleged in the blog that he had complained to Justice Kapadia about this judge (without giving his name). Katju said he got three mobile numbers of "agents" of this judge who were collecting money on his behalf. He also claimed to have given these numbers to Justice Kapadia and as per his (Katju's) request, Justice Kapadia had ordered tapping of his telephone which revealed corrupt practices by the judge.
However, Justice Kapadia denied having ever ordered tapping of phones of the judge.
"As I have said earlier that I have transferred a number of judges (on various charges) but I have to follow a protocol. Unless a complaint is received in writing from some judge of the same court or other court with specific instance no Chief Justice can take action," Justice Kapadia told PTI.
"A letter has to come from the complaining judge about the corrupt judge with a specific instance. Thereafter I have to put my remarks and then forward it to my collegium. Such a proposal (for transfer of judge) would then go the Prime Minister's Office (PMO)," he said.
"If no such letter about the judge (against whom action is sought to be taken) is enclosed, then the PMO will send back the file. So I have to follow the procedure", he said, adding "in this case, no such letter was received by me."
In his blog, Justice Katju has not mentioned the name of this judge in his blog. "I do not know whom he is referring to," Justice Kapadia said.