Impeachment proceedings may be initiated against Karnataka HC judge, KL Manjunath; MPs say enough evidence to initiate impeachment

At least five Members of Parliament have signed a letter to initiate impeachment proceedings against sitting judge of the Karnataka High Court, KL Manjunath. The letter, whose signatories include four MPs from the Aam Aadmi Party, is the first step in the impeachment process and comes at a time when tensions between the Executive and the Judiciary are already at an all time high..The judge’s impeachment has been sought on the basis of three alleged “acts of misbehavior” including possession of disproportionate income, and failure to publicly declare his assets.The letter states that there is enough “prima facie” evidence to initiate an inquiry under the Judges (Inquiry) Act of 1968. It also provides a detailed examination of land purchases made in the name of Justice Manjunath’s daughter, mother-in-law, and wife..Now as per Article 124 of the Indian Constitution, impeachment can only be initiated if it receives support in both the Rajya Sabha and the Lok Sabha; backed by not less than two-thirds majority in both. Although it remains to be seen whether the letter will actually garner the required majority, it is certainly an interesting twist to a story that has been going on for some time now..Justice Manjunath’s name first hit the headlines when there were reports of his transfer to the Punjab & Haryana High Court, where he would be the Chief Justice. It was then reported that the government had asked the Supreme Court to reconsider its decision, an allegation that was vehemently denied by Chief Justice Lodha. The CJI went on to say that,.“Who told you that the Collegium has made such a recommendation? You believe all media reports and file a petition in the Supreme Court. I am the Chief Justice of India. I don’t know if there is any other Chief Justice. We have not recommended Justice Manjunath’s elevation. The entire matter is founded on an erroneous premise.”.Next in line was an open letter written by lawyers in Bangalore, and signed by a number of senior counsels, urging Chief Justice Lodha to look into the allegations against Justice Manjunath. It was argued that these allegations were an unfair attack on the judge, and that if there were any truth to the allegations they ought to be investigated. In fact, that letter suggested that this was an attempt to tarnish the judge’s reputation and that,.“Despite the contribution made by Justice KL Manjunath to the legal profession as well as the Judiciary, serious allegations of judicial impropriety are made against him without any rhyme or reason…. In his 26 years as an advocate and 14 years of judgeship, not a single instance of judicial impropriety has been alleged [against Justice Manjunath]”.As mentioned earlier, it remains to be seen how the remaining MPs react to this letter. As seen in the past, impeachment proceedings are difficult to initiate with not a single impeachment proceeding completed in the last six decades. The last such incident was when Parliament decided to impeach Justice P Dinakaran; the proceedings died a natural death once Dinakaran resigned..However, it is important to note that the political scenario has changed, with a majority government at the center after more than a decade of coalition politics. Should the BJP decide to swing against Justice Manjunath, impeachment proceedings are a given. According to IE’s report, this letter will be presented to the President before the winter session of Parliament.