After keeping it pending for over four years, the Supreme Court on Tuesday allowed the NGO, Common Cause, to withdraw its petition alleging the possession of disproportionate assets against former Chief Justice of India K.G. Balakrishnan.
A Bench led by Justice Arun Mishra said the prayer in the petition to remove Justice Balakrishnan as NHRC Chairperson was infructuous because he had already retired from the post.
Justice Mishra asked advocate Prashant Bhushan, who represented Common Cause, whether the appropriate procedure was followed before filing the petition in the Supreme Court. “What is the procedure to be followed,” asked Justice Mishra.
“An FIR has to be registered,” Mr. Bhushan replied.
“Have you filed a complaint first? If not, this petition is premature,” Justice Mishra said.
Mr. Bhushan chose to withdraw the petition to take “whatever appropriate steps” with the authorities concerned.
In 2015, the Supreme Court had agreed to look into the alleged income tax violations but had said it would not go into any allegations of ‘benami’ transactions.
Mr. Bhushan had alleged that around 21 properties were acquired in the names of son, daughter and brother of the former CJI.
