G.S. Singhvi, J. - (1.) This petition is directed against order dated 24.4.2011 passed by the Committee constituted by the Chairman of the Council of States (Rajya Sabha) (for short, the Chairman) under Section 3(2) of the Judges (Inquiry) Act, 1968 (for short, "the Act") rejecting the Petitioners prayer for supply of the details and documents enumerated in paragraph 4(a) to (m) of application dated 19.4.2011 and objections raised by him to the jurisdiction of the Committee to frame certain charges.
(2.) Fifty members of the Rajya Sabha submitted a notice of motion for presenting an address to the President of India for removal of the Petitioner, who was then posted as Chief Justice of the Karnataka High Court, under Article 217 read with Article 124(4) of the Constitution of India. The acts of misbehaviour allegedly committed by the Petitioner were enumerated in the notice, which was accompanied by an explanatory note and documents in support of the allegations. For the sake of convenient reference, the allegations contained in the notice of motion are reproduced below: I. Possessing wealth disproportionate to known sources of income. II. Unlawfully securing five Housing Board plots, in favour of his wife, and two daughters. III. Entering into Benami transactions prohibited and punishable under the Benami Transactions (Prohibition) Act, 1988. IV. Acquiring and possessing agricultural holdings beyond ceiling limit under the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961. V. Illegal encroachment on Government and public property to deprive dalits and the poor of their right to livelihood. VI. Violation of the human rights of dalits and the poor. VII. Destruction of evidence during official enquiry. VIII. Obstructing public servant on duty. IX. Repeated undervaluation of properties at the time of registration of sale to evade stamp duty. X. Carrying out illegal construction in breach of Town Planning Law and planning permit. XI. Misuse of official position to unlawfully secure property and to facilitate other illegal acts for personal gain. XII. Abuse of judicial office: A. To pass dishonest judicial orders: a) Contrary to settled principles of law to favour a few individuals or for his own unjust enrichment, at the cost of the public exchequer and the countrys natural resources. b) In matters where he had personal and direct pecuniary interest to secure several properties for his family. B. To take irregular and dishonest administrative actions: a) for constituting Benches and fixing Rosters of judges to facilitate dishonest judicial decisions. b) to make arbitrary and illegal appointments and transfers. The explanatory note appended to the notice of motion contained detailed facts which, in the opinion of the signatories of the motion, supported the acts of misbehaviour alleged against the Petitioner.
(3.) After the motion was admitted, the Chairman constituted a Committee comprising Mr. Justice V.S. Sirpurkar, Judge, Supreme Court of India, Mr. Justice A.R. Dave, the then Chief Justice of Andhra Pradesh High Court and Shri P.P. Rao, Senior Advocate.;