Supreme Court Justice Gokhale who was former Chief Justice of the Madras High Court, has contradicted the claim made by former CJI Balakrishnan. 

In his complaint to former CJI Balakrishnan, the Madras High Court Justice Regupathi had alleged that A.Raja, the then telecom minister was influencing the case relating to forgery and tampering of a Pondicherry University marks sheet.

Former CJI Balakrishnan in his defense last week had claimed that he had not received any such letter or communication directly from Justice Reghupathi while he was in office. According to Justice Balakrishnan’s statement, “as the then Chief Justice of Madras High Court, Justice Gokhale sent a report wherein nothing was mentioned about the name of any Union Minister having talked over phone with Justice Regupathi to influence him. Therefore, there was no occasion for me to talk to the Prime Minister or to take any further action”.

Today, Justice Gokhale in a press statement detailed by NDTV said, "The former CJI has stated in his press conference that in my letter I did not mention the name of any Union Minister having talked to Justice Regupathi over phone to influence him. With respect to this statement I may point out that Justice Regupathi's letter was already with him and in the second paragraph thereof justice Regupathi had specifically mentioned the name of Raja. I had no personal knowledge about the incident and observations in my reply wherein are in conformity with the contents of Justice Reghupathi's".

Speaking to NDTV, Justice Regupathi said, "he felt vindicated after Justice Gokhale issued the press statement and he had no further comments".

History

These are the facts leading up to Raja’s alleged phone call. R.K. Chandramohan, who is the Chairman of Bar Council of Tamil Nadu, was the advocate representing Dr C Krishnamurthy and his son Kiruba Sridhar, an MBBS student of the Pondicherry University, who faced charges of tampering his mark sheets. Interestingly, A. Raja, RK Chandramohan and Dr. C Krishnamurthy hail from Perambalur district with several years of relationship between them.

RK Chandramohan apparently entered Justice Regupathi’s chamber on June 12, 2009 and pleaded that the case of a father (Dr. Krishnamurthy) and his son (Kiruba Sridhar), for anticipatory bail be considered favourably as they were "family friends of a Union Minister by name Raja". Justice Reghupati, also in his letter dated July 2, 2009 to the CJ of Madras High Court said “The lawyer handed over his mobile phone saying that the Union Minister is on the line to have a talk with me”.

Justice Regupathi, had complained about the RK Chandramohan's "outburst and uncontrollable" behaviour. Justice Reghupathi had also requested the then Chief Justice H L Gokhale to post the petitions of father-son before another judge.

According to media reports, Justice Regupathi in his letter to the then CJI Balakrishnan had observed that "a counsel, who made an attempt to exert influence on the court by using the name of a Cabinet minister, cannot be allowed to succeed in snatching an order in his favour by advancing threat". When the media pressure increased on this issue, CJI Balakrishnan sought a report from the then Chief Justice of the Madras High Court, H.L. Gokhale.

Advocate suspended

Advocate Elephant G. Rajendran, filed a writ petition against RK Chandramohan on his continuation of office as the Chairman of Bar Council of Tamil Nadu and also sought directions from the BCI to initiate appropriate action against RK Chandramohan.

Last week a Division Bench of the Madras High Court, comprising Justices F M Ibrahim Khalifulla and M M. Sundaresh suspended RK Chandramohan. In its order the Bench said “the status of R K Chandramohan, a member and subsequently as Chairman of the Bar Council of Tamil Nadu and Pondicherry, shall stand suspended forthwith. He should not be permitted to function pending disciplinary action by the Bar Council of India”.

Speaking to Bar & Bench Elephant G Rajendran said, “this is serious interference with administrative of justice and therefore I have filed this writ petition”. He also confirmed that RK Chandramohan had filed an SLP against the order of the Madras High Court, which had suspended his membership to the Bar Council and also from functioning as the Chairman of the Bar Council of Tamil Nadu. Elephant G Rajendran confirmed that RK Chandramohan’s appeal before the Supreme Court is listed for tomorrow.

After the 2G scam and Nira Radia tapes, Raja now faces additional heat from the Courts.