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The Supreme Court has directed the trial of a disproportionate assets case against former Allahabad high court judge, justice (retd) Shri Narayan Shukla, to be transferred from Lucknow to a Delhi court hearing a corruption case against him.

A view of the Supreme Court in New Delhi (HT File Photo/Arvind Yadav)The order was passed on October 14 by a bench of Chief Justice of India (CJI) Surya Kant and justice Joymalya Bagchi in a transfer petition filed by the former judge. Shukla retired in July 2020 after he was accused of taking a bribe to pass an order favouring Prasad Institute of Medical Sciences – a Lucknow-based medical college debarred in May 2017 from admitting students by the Medical Council of India (MCI).

The court also directed the accused along with his family members named in the DA case to fully cooperate with the trial without seeking any unnecessary adjournment. The court further told CBI to identify such official witnesses who can be examined through video conferencing to ensure the trial is expedited.

Advocate Sanjay Mani Tripathi, who appeared for the former judge, argued before the top court that the DA proceedings arise out of the same FIR and charge sheet in the alleged bribery case pending in Delhi. He said that although the FIR in the DA case was filed in Delhi, the trial was held in Lucknow.

CBI, represented by additional solicitor general (ASG) Davinder Pal Singh, did not oppose the request, saying it has no objection if the court of competent jurisdiction in Delhi conducts both trials. CBI has already filed a charge sheet in the DA case as well.

The investigators allege that Shukla facilitated the order in conspiracy with retired Orissa high court judge, justice (retd) IM Quddusi, along with the Prasad Medical College owners Bhagwan Prasad Yadav and Palash Yadav, and Bhawana Pandey acting as an intermediary along with Sudhir Giri.

Prasad Institute of Medical Sciences (PIMS) was barred by the Medical Council of India over substandard facilities. It was one of 47 medical colleges restrained from admitting students for the admission years 2017-18 and 2018-19.

According to CBI, PIMS challenged the MCI decision before the top court. However, it later withdrew the petition and filed a fresh plea in the high court. Shukla allegedly met the owner of PIMS along with former judge Qudussi at his residence pursuant to which the favourable order was passed by a bench comprising Shukla.

CBI approached the then-CJI Dipak Misra to conduct a probe against Shukla, then a sitting judge of the high court.

An in-house committee constituted by the then CJI concluded that Shukla was guilty of judicial malpractice which established the ground for his removal under the Constitution. Based on the report, all judicial and administrative work was withdrawn from Shukla even as the probe against him continued.

In July 2019, CBI approached the then-CJI Ranjan Gogoi for permission to prosecute the former judge. Gogoi granted the permission and even recommended to the Centre that Shukla be removed. Even as the matter remained pending, Shukla retired in July 2020.