The CBI is in the process of registering a preliminary enquiry (PE) against former Chief Justice of India (CJI) KG Balakrishnan in connection with a complaint it received, sources have told HT.
Sources didn’t share contents of the complaint, but said the probe agency has found enough material which demands registration of a PE in the matter. But before registering a PE, the CBI will have to take prior permission of the sanctioning authority as per the CBI manual.
The CBI manual states when a complaint is received or information is available which may indicate serious misconduct on the part of a public servant but is not adequate to justify registration of a regular case under the provisions of Section 154 the criminal procedure case (CrPC) a PE may be registered after obtaining approval of the competent authority. A PE can be converted into a regular case as soon as sufficient material becomes available to show that prima facie there has been commission of a cognizable offence. After retiring as CJI, Balakrishnan was appointed chairman of the National Human Rights Commission (NHRC). According to sources, as chairman of the NHRC, Balakrishnan is a presidential appointee; therefore in his case sanction to register a PE will come from the president.
Sources revealed that the CBI is in process of getting sanction for registering a PE in the matter.
In a reply under RTI, the CBI had recently stated that its Chennai office received two complaints against Balakrishnan. One complaint was found to be vague and unverifiable and the second complaint was sent to the joint director (policy) of the probe agency.
When a complaint is received indicating misconduct on the part of a public servant but is not adequate to justify registration of a regular case under the provisions of Section 154 the CrPC, a PE may be registered after obtaining approval of the competent authority
As Balakrishnan was appointed NHRC chairperson, in his case sanction will have to come from the President
CBI received two complaints against Balakrishnan, of which one was sent to the jt director.