Clean chit for ex-CJI Balakrishnan in disproportionate assets case

Giving a clean chit to former Chief Justice of India (CJI) KG Balakrishnan in a case against him for alleged benami property transactions involving his relatives, the Centre on Tuesday told the Supreme Court that the Income Tax (IT) department in its probe found nothing against him.

Attorney General Mukul Rohatgi told the Bench led by Justice Dipak Misra that after the income tax inquiry against the former CJI and his family “yielded nothing”, there should not be a fresh probe by the CBI or any other agency.

The court, however, made an observation saying if “persons earning Rs 100 buy properties worth Rs 10 lakh, the source of the money should be investigated”.

In its affidavit, the government had said it had referred the matter to the Ministry of Finance, Department of Revenue and Central Board of Direct Taxes, which gave a supplementary status note dated April 18, 2012 on income-tax investigations in which the allegations were found unsubstantiated. We can not have investigation like this in such cases.

“I still feel that nothing survives in this petition as they had sought removal of the gentleman from the post of Chairperson of the NHRC and the gentleman is no longer holding the office”, Rohatgi said. The Attorney General said the court should not entertain PIL making false allegation as it damages the reputation of the person and pointed out that similar unfounded allegation of corruption was made another former CJI who died recently. Justice Misra persisted. But the AG said he would provide the bench with the status report of the IT probe in the case. Income Tax assessment of the relatives’ assets has been done.

The government was granted an adjournment by the court.

The next hearing in the case is scheduled to take place on January 19.

In an earlier hearing, senior advocate Prashant Bhushan made references to alleged sale deeds of over 22 properties in the names of Balakrishnan’s children and brother.

Although the demand by the NGO is not sustainable as Balakrishnan’s tenure as NHRC chairperson has already ended, the court agreed to look into the allegations of disproportionate assets and ensure a proper investigation.

“If the relatives can show they have the source…”