The Department of Justice under the Ministry of Law and Justice has forwarded a formal complaint filed by retired Patna High Court Judge, Justice Rakesh Kumar, against former Chief Justice of India (CJI) DY Chandrachud to the Department of Personnel and Training (DoPT) for further action.

The complaint, addressed to President Droupadi Murmu on Nov 8, 2024, accuses Justice Chandrachud of "improper conduct" and alleged abuse of office in connection with the constitution of two separate benches of the Supreme Court on July 1, 2023, during its summer vacation.

Justice Kumar has sought the President’s permission under Section 17A of the Prevention of Corruption Act, 1988, to enable the Central Bureau of Investigation (CBI) to initiate an inquiry. He alleged that the former CJI's decision to form special benches to hear the bail plea of activist Teesta Setalvad amounted to an abuse of authority intended to provide “undue favour” to an accused facing serious criminal charges.

“Compelled by a sense of duty to uphold public confidence in the judiciary,” Justice Kumar stated that he was constrained to seek an inquiry into Justice Chandrachud’s conduct, claiming the ex-CJI misused his official position in handling the Setalvad bail matter.

Teesta Setalvad had been accused of fabricating evidence and coercing witnesses to implicate senior Gujarat Government officials in the aftermath of the 2002 riots. Her bail plea was initially rejected by a Sessions Court and later by the Gujarat High Court on July 1, 2023. On the same day, she moved the Supreme Court through a Special Leave Petition.

Justice Kumar alleged that a Special Bench was constituted the same day, but it failed to reach a consensus on granting interim relief. Consequently, the matter was referred to a larger bench.

During court proceedings, the Additional Solicitor General had also submitted that several witnesses claimed Setalvad had pressured them into giving affidavits to implicate top officials of the state government.

The forwarding of Justice Kumar’s complaint to the DoPT indicates the seriousness with which the matter is being treated. Further developments are awaited as the DoPT evaluates the complaint for potential follow-up actions.

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