Questions that Prashant Bhushan had asked about 8 of 18 CJIs between 1991- 2010
On 14 August, a three-judge bench of the Supreme Court, headed by the judge Arun Mishra, held advocate Prashant Bhushan guilty of contempt of court for two tweets he had posted in June 2020, with references to the incumbent and previous chief justices of India. In a 2009 interview with the Tehelka magazine, Prashant Bhushan had also said that half of the last sixteen or seventeen chief justices of India were corrupt.
The Swaraj Abhiyan Movement led by activist Yogendra Yadav, is running a campaign of publicizing the questions that Prashant Bhushan had raised about eight of the 18 CJIs between 1991 and 2010. Here are the extracts from the ‘Tehelka’s interview of Prashant Bhushan, the claims he made about the CJIs, and the questions he raised about them.
YK Sabharwal:
YK Sabharwal, the thirty-sixth CJI, passed a series of orders to demolish illegally constructed commercial complexes in Delhi. This caused the value of floor space in legal commercial properties such as shopping malls to shoot up. After Sabharwal’s retirement, it was reported that, at the height of the demolition drive, his sons’ businesses had received millions of rupees in funding from owners of malls in and around the capital.
Prashant Bhushan had questioned Sabharwal and had stated “Did his orders for sealing commercial property in Delhi not benefit his sons who, working from his official residence, entered into profitable deals with shopping malls and commercial complexes? Were his sons not allotted huge commercial plots in Noida by Mulayam Singh government in UP?”
Justice Rangnath Mishra:
On his accepting Rajya Sabha ticket from the Congress after retirement, Prashant Bhushan questioned the former CJI if it was linked to the whitewashing of Congress leaders in his commission on the anti-Sikh massacre of 1984.
“Was his accepting post-retirement Rajya Sabha ticket from Congress party not linked to his whitewashing the role of Congress leaders in his inquiry commission report on the anti-Sikh massacre of 1984?” Bhushan had questioned.
Justice KN Singh:
Questioning the 18-day tenure as the CJI, Bhushan had questioned if he hadn’t used his tenure to pass a series of extraordinary order for Jain Export and its sister concern Jain Sudh Vanaspati?
“Did he not use his 18-day tenure as CJI to transfer to himself and pass a series of extraordinary orders all favoring Jain Export and its sister concern Jain Sudh Vanaspati? If not, why was the Court forced to review and reverse these orders in open court once he ceased to be the CJI?” he questioned.
Justice AS Anand:
AS Anand, the twenty-ninth CJI, was accused of nepotism, and involvement in corrupt real-estate deals. The charges surfaced after his elevation, and he never faced impeachment proceedings. Bhushan questioned this and added “Did he not, as the Chief Justice of the J&K High Court, pass favourable orders after receiving a plot of land from that person? Did he not as CJ of the High Court, file a false affidavit to secure an underpriced plot of land from the government?”
Jusitce AM Ahmadi:
AM Ahmadi, the twenty-sixth CJI, quashed the charge of culpable homicide against Union Carbide in a case arising from the Bhopal gas disaster. As a gesture of conciliation, he ordered the corporation to set up a hospital in the city. After he retired, Ahmadi was appointed the chairman, for life, of the trust managing the hospital.
Bhushan also questioned if he had not purchase a plot and build a palatial house while being the CJI in an area where all construction was banned.
“Did he not, while being the CJI, purchase a plot and build a palatial house in an area where all construction was banned by the order of the SC? Were these orders not diluted during his tenure? Did he not become the lifetime chairman of the hospital trust in Bhopal, which he had instituted, and awarded money to, when he was the CJI?” Bhushan had asked.
KG Balakrishnan:
KG Balakrishnan, the thirty-seventh CJI, saw his family’s fortunes rise dramatically during his tenure. One of his sons-in-law acquired assets worth over ten crore rupees. Balakrishnan’s brother, an officer of the Kerala High Court who resigned after charges of corruption, came to own a farmhouse in Tamil Nadu. The judge’s nephew started large business ventures.
Questioning this, Bhushan had asked “How come his daughters, son-in-law, brother and one of his aids acquire vast real estate property, enumerated in an expose, disproportionate to their known sources of income after he became the Judge and CJI?”
Justice S H Kapadia:
Questioning Justice SH Kapadia, Bhushan had said “Did he not pass order granting a lease of refinery to Sterlite Company despite the damning report against the project by the Environment Expert Committee appointed by the court itself? Why did he not reveal, at the beginning of the hearing, that he himself owned shares in this company?”
MM Punchhi:
MM Punchhi, the twenty-eighth CJI, faced the threat of dismissal before he assumed the office. The Rajya Sabha was presented with a motion for his impeachment on charges of copious wrongdoing. He had gone beyond the provisions of the law to acquit a businessman earlier convicted of breach of trust. His daughters had received plots of land at the discretion of the chief minister of Haryana, the Congress leader Bhajan Lal, on the same day that Punchhi dismissed a case alleging malfeasance by the chief minister. Punchhi had allegations of fixing cases, trying to hear matters in which he was an interested party, and more. The motion did not receive the required number of signatures in the Rajya Sabha before Punchhi was sworn in. JS Verma, the twenty-seventh CJI, had recommended his elevation to the president.
Question him, Bhushan had raised questions stating “Did his two daughters not receive a house plot each from the discretionary quota of the CM, Haryana on the same day that he dismissed a serious case against the then CM, Bhajan Lal? Did he not, as a judge of the Supreme Court attempt to hear cases that involved a clear conflict of interest?”
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Just 8 pc women candidates contested first two phases of Lok Sabha polls
New Delhi, (PTI): Women constituted only eight per cent of the total 2,823 candidates in the first two phases of the Lok Sabha elections, with political activists saying it reflects a deeper issue of gender bias and that talk of women's empowerment rings hollow.
There were 135 women candidates in the first phase of the elections and 100 in the second phase, bringing the combined total for the first two phases to 235.
In the first phase of the elections on April 19, there total number of candidates in the fray was 1,625. In the second phase held on April 26, 1,198 candidates contested the elections.
Of the 135 women candidates in the first phase, Tamil Nadu had the highest share at 76. However, that figure accounted for just 8 per cent of the total candidates in the state.
Kerala had the maximum number of women candidates at 24 in the second phase.
Partywise, the Congress fielded 44 women in the two phases and the BJP 69.
This significant gender imbalance has sparked criticism from political analysts and activists, who asked why parties are waiting for the Women Reservation Act to be implemented instead of proactively fielding women.
Dr Sushila Ramaswamy, an associate professor at Delhi University's Jesus and Mary College, said political parties should take concrete steps to promote women's candidacy.
"Political parties should have been more proactive and fielded more women candidates," she underscored, citing the effectiveness of seat reservations for women within party structures, as seen in the UK's Labour Party.
With women constituting nearly half of India's electorate, their under representation in the candidate pool raises broader questions about the barriers hindering women's full participation in the political sphere, said Dr Iftekhar Ahmad Ansari, an associate professor at the Aligarh Muslim University (AMU).
Beyond the symbolic gestures and promises, he stressed the importance of structural reforms to ensure equal opportunities for women in politics.
He also highlighted the critical role of party leadership in promoting gender diversity.
"Political parties must prioritise gender inclusion in candidate selection and provide adequate support to women aspirants," he emphasised.
Farhat Jahan, a retired faculty member at AMU's Abdullah Women's College, said the issue of women's political representation extends beyond numerical quotas to encompass systemic changes in party dynamics and electoral processes.
She also emphasised the need for gender-sensitive policies that address challenges faced by women in politics.
"The upcoming phases of the elections present an opportunity for political parties to demonstrate their commitment to gender equality through concrete actions. Initiatives such as mentorship programmes, capacity-building workshops and awareness campaigns can empower women to actively participate in the electoral process and pursue leadership roles," she added.
Prof Mohammad Aftab Alam from the political science department at AMU pointed out the challenges women often face in forming independent political opinions amid societal influences.
"Even the ones elected are often relegated to symbolic roles," he remarked, highlighting broader issues of token representation.
The Biju Janata Dal (BJD) is the only party that, as a policy, provides 33 per cent tickets to women.
Meera Parida, state vice-president of the BJD's Biju Mahila Dal, stressed the need for substantive action in women's empowerment and praised her party's initiative of reserving 33 per cent of seats for women.
"Reserving seats alone is not enough. We need a cultural shift where women are seen as leaders and decision-makers," she emphasised, advocating for comprehensive reforms.
Both major parties -- the BJP and the Congress -- have listed women-centric initiatives in their manifestos.
The BJP's manifesto promises to implement the Nari Shakti Vandan Adhiniyam (Women' Reservation Act) to honour and empower women, integrate women Self-Help Groups (SHGs) into the service sector to enhance their economic participation and expand health services.
The Congress has pledged legislative reforms for women's empowerment, including the immediate enactment of the Women's Reservation Act.
However, these commitments are yet to translate into substantial numbers of women contesting the elections.
Alka Lamba, chief of the Congress' women's wing, highlighted the party's commitment to gender equality across sectors.
"The Congress has extended political, economic and social rights to women," Lamba asserted, outlining ambitious targets for women's representation in leadership roles.
As the Lok Sabha elections progress, the spotlight is on political parties to address these concerns and demonstrate tangible commitment towards fostering women's participation and representation in governance.
The upcoming poll phases will be closely monitored to assess whether there is a meaningful shift towards greater gender inclusivity in the political landscape especially after the hype over passage of the Women's Reservation Act, Aftab said.
Ramaswamy noted, "While parties are vocal about empowering women, the lack of women candidates reflects a deeper issue of gender bias within political systems."
The Lok Sabha polls are being held in seven phases beginning from April 19 and the counting of votes will take place on June 4.
The second phase was held on April 26 while the other phases are scheduled for May 7, May 13, May 20, May 25 and June 1.
