Justice Department Refers Complaint Against Former CJI Chandrachud to DoPT

The Department of Justice, under the Ministry of Law and Justice, has taken cognizance of a letter from a former judge seeking an inquiry into the conduct of former Chief Justice of India, Dr. D.Y. Chandrachud. The ministry has forwarded the communication to the Department of Personnel and Training (DoPT) for appropriate action on the complaint submitted by Justice (Retd.) Rakesh Kumar to President Droupadi Murmu.

In his letter to the President, Justice Kumar—who previously served in the Patna and Andhra Pradesh High Courts—demanded a directive for the Central Bureau of Investigation (CBI) to initiate a probe against the former CJI under the Prevention of Corruption Act. The former judge alleged misuse of official position and improper conduct during Dr. Chandrachud’s tenure as head of the judiciary.

Justice Kumar’s complaint specifically cites the constitution of a special and a larger bench by the CJI on July 1, 2023—during the Supreme Court’s summer vacation—to hear the bail plea of activist Teesta Setalvad. The Gujarat High Court had rejected her bail earlier the same day.

"Ms. Teesta Arun Setalvad was accused of committing serious offences in Gujarat," Justice Kumar wrote in his letter. He further quoted then Additional Solicitor General S.V. Raju, who reportedly told the court that an attempt had been made to destabilise a democratically elected government in Gujarat.

Justice Kumar alleged that "Justice Chandrachud did not act judiciously but was influenced by extraneous considerations" in constituting the vacation bench to hear the matter.

The complaint, which raises serious questions about judicial propriety at the highest level, is now under consideration CBI is under the DOPT by the DoPT for further examination and possible action.