The Central Bureau of Investigation (CBI) also known as Delhi Special Police Establishment, cannot function in a state unless the matter is referred to it by a high court or the Supreme Court or by the consent of the state government concerned. Even the central government employees posted in states are not within its jurisdiction as per anti-corruption and other laws. CBI is lacking legal powers to operate on an all-India basis. There is a need to giving statutory backing to the CBI on an all India basis with appropriate amendment.
Justice Shukla who was heading a division bench, had allegedly defied restraint orders passed by a Supreme Court bench led by the Chief Justice to permit private colleges to admit students for the 2017-18 session.
The CBI has received sanction to prosecute this retired Allahabad High Court Judge, Justice S. N Shukla in a corruption case for allegedly favouring a private medical college in his orders. The CBI had applied for a go ahead from the high court to prosecute the retired judge on April 16 this year, in accordance with the Prevention of Corruption Act.
With the high court now giving its nod, the CBI can proceed with a chargesheet against the retired judge. The accused were booked under Section 120B of the IPC (criminal conspiracy) and provisions of the Prevention of Corruption Act.
Then CJI Dipak Misra had constituted a committee to look into the allegations. The committee had concluded there was sufficient substance in the allegations to call for removal proceedings. Justice Misra in 2018 asked Justice Shukla to resign or seek voluntary retirement but he refused, and judicial work was taken away from him.
It is alleged that the Prasad Institute of Medical Sciences was debarred by the Centre from admitting students due to substandard facilities and non-fulfilment of the required criteria in May 2017, along with 46 other medical colleges that were also debarred on similar grounds. The decision to debar was challenged by the trust before the Supreme Court through a writ petition. Another writ petition was filed before the high court on August 24, 2017. The petition was heard on August 25, 2017, and a favourable order passed the same day.
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