Medical College Case: CBI registers FIR against Justice SN Shukla of Allahabad High Court

The Central Bureau of Investigation has registered a First Information Report against a sitting Judge of the Allahabad High Court, Justice SN Shukla in relation with the Medical College Bribery case. The FIR also names Justice IM Quddusi, retired Judge from the Chhattisgarh High Court..The CBI has booked the Judges for the offence of criminal conspiracy as well as under the provisions of the Prevention of Corruption Act for acceptance of illegal gratification by a public servant, criminal misconduct, and abuse of official position, among others. The agency has slapped Section 120B of the Indian Penal Code along with Sections 7, 8, 12, and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act..The FIR alleges that Justice Shukla entered into a criminal conspiracy to receive kickbacks from the Chairman of the Prasad Education Trust (PET), BP Yadav for passing orders in favour of the Trust. This conspiracy was hatched with the help of Justice Quddusi, according to the allegations made by the agency. Yadav, along with some other private persons, has also been named in the FIR..The case dates back to 2017 when the Prasad Institute of Medical Sciences was debarred by the Ministry of Health and Family Welfare from admitting students for a period of two years on account of below standard facilities. This decision of the Ministry was challenged by way of a Writ Petition before the Supreme Court which had then directed the Ministry to consider the material on record afresh. The Centre, after complying with the order of the Supreme Court, again arrived at the same decision of barring the Institute for a period of two years. Additionally, a bank guarantee of Rs. 2 Crores furnished by the PET was directed to be encashed by the MCI. This decision was also sought to be challenged before the Supreme Court..It was at this point, the CBI alleges, the conspiracy was hatched and Justice Quddusi allegedly “engaged Justice Shukla for managing the matter”. The Writ petition was withdrawn from the Supreme Court and subsequently was filed before the Allahabad High Court. Thereafter, the FIR says,.“Sh I.M. Quddusi and Sh B.P. Yadav met Justice Shri Narayan Shukla in the morning of 25.08.2017 at his residence in Lucknow regarding the matter and delivering him illegal gratification.”.It was on the same day that the matter was taken up by the High Court Bench comprising Justice Shukla and an interim order favouring the PET was passed wherein the encashment of bank guarantee by the MCI was also stayed. The MCI challenged this order before the Supreme Court where the Apex Court held that the matter before the Allahabad High Court would be deemed to be disposed of..The FIR by the probe agency was registered on Wednesday, December 4 and the permission to initiate investigation against the sitting Judge was granted to the CBI in July this year by Justice Ranjan Gogoi who was the Chief Justice of India at the time. Justice Gogoi had, in June this year, written to Prime Minister Narendra Modi seeking initiation of impeachment proceedings against Justice Shukla..In January 2018, the then Chief Justice of India, Justice Dipak Misra had also written to the President of India regarding the impeachment of Justice Shukla following which Justice Shukla had gone on a 90 day leave. This proposal to impeach Justice Shukla came in light of the findings of the in-house inquiry committee recommended the removal of Justice SN Shukla. The committee, constituted by CJI Misra made some adverse remarks against Shukla J in its report, after it was found that he had made handwritten corrections to an order passed by his own bench, so as to allow a medical college in Lucknow permission to take admissions..In September 2017, the CBI had framed corruption charges against former Allahabad and Orissa High Court judge IM Quddusi. The CBI’s FIR stated that Quddusi was involved in an attempt to influence members of the higher judiciary in cases related to the opening of medical colleges..[CBI FIR]