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CBI seeks nod to prosecute retired Allahabad HC judge

ByNeeraj Chauhan, Hindustan Times, New Delhi
Nov 12, 2021 01:38 AM IST

Prosecution sanction has been sought from Allahabad HC against Shukla so that a charge sheet can be filed soon

The Central Bureau of Investigation (CBI) has sought prosecution sanction against Justice Shri Narayan Shukla, now retired, of the Allahabad high court in the judicial corruption scandal involving Prasad Institute of Medical Sciences, where bribes were allegedly paid to secure a favourable order by the institute.

People familiar with the development said prosecution sanction has been sought from the Allahabad high court against Shukla so that a charge sheet can be filed soon. “ (Shutterstock/Representative use)

Shukla, who retired from the service in July 2020, is accused of taking a bribe for passing an order that favoured the Lucknow-based medical college, which was disbarred from admitting students by the regulator in May 2017.

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People familiar with the development said prosecution sanction has been sought from the Allahabad high court against Shukla so that a charge sheet can be filed soon. “The investigation has been concluded and there is sufficient evidence in the case,” said a CBI officer, requesting anonymity.

The central investigative agency, after registering a First Information Report (FIR), raided Shukla’s residence in December 2019 when he was a sitting judge.

He was booked under criminal conspiracy, sections of the prevention of corruption act which deal with accepting bribes, and criminal misconduct along with retired Odisha high court judge IM Quddusi, Bhagwan Prasad Yadav, and Palash Yadav of Prasad Education trust, a conduit, Bhawana Pandey and another alleged middleman Sudhir Giri.

HT made efforts to reach out to retired justice SN Shukla for his comments but he could not be contacted.

It is alleged that Shukla and Quddusi, who was arrested in September 2017 by CBI, conspired to accept bribes from Prasad Education Trust promising relief in their case related to debarment of their college by the Medical Council of India.

Justice Quddusi was given a charge sheet by CBI in July 2019. He is currently out on bail. In September 2017 itself, the central agency launched a subsequent preliminary enquiry (PE) against Shukla.

Two months later, former Chief Justice of India, Dipak Misra, ordered an investigation against Shukla on a complaint by Uttar Pradesh advocate general Raghvendra Singh alleging judicial malpractice. A three-member committee comprising then Madras high court chief justice Indira Banerjee, then Sikkim high court chief justice SK Agnihotri and Madhya Pradesh high court judge PK Jaiswal, found Shukla guilty of judicial irregularities in January 2018 after which his impeachment was recommended to the President of India.

Shukla, who was a sitting judge at the Lucknow bench of Allahabad HC at the time, was debarred from entering the court premises and all the judicial and administrative work was taken away from him.

Later, in July 2019, former CJI Ranjan Gogoi gave permission to CBI to file a case in the matter. Gogoi also wrote to the Prime Minister Narendra Modi recommending Shukla’s removal.

CBI has alleged that Prasad Institute of Medical Sciences was debarred in May 2017 by MCI from admitting students for academic years 2017-18 and 2018-19 due to substandard facilities and non-fulfillment of required criteria along with 46 other medical colleges which were also debarred on similar grounds. The decision was challenged by Prasad Institute through a writ petition before the apex court.

“Subsequently, a conspiracy was hatched and the writ petition was withdrawn with the permission of the court.

“Another writ petition was filed before the Lucknow bench of Allahabad High Court on August 24, 2017. It was further alleged that the petition was heard on August 25, 2017 by the division bench of the court comprising Justice SN Shukla and a favourable order was passed on the same day,” CBI’s FIR states.

It adds that Quddusi and BP Yadav of Prasad Trust met justice Shri Narayan Shukla on the morning of August 25, 2017, at his residence in Lucknow regarding the matter, which is when the bribe is believed to have been exchanged.

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