Supreme Court transfers trial of corruption case against retd HC: A practical reader guide

Supreme Court transfers trial of corruption case against retd HC: A practical reader guide

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.

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.

During this investigation, CBI lodged another criminal case in 2023 against the former judge for allegedly acquiring disproportionate assets worth over ₹ 2.5 crore between 2014 and 2019. The alleged bribery case took place when, as a judge of the Allahabad high court, Shukla passed an order on August 25, 2017 in favour of Prakash Education Trust, allowing the debarred college to admit students. CBI registered a case against the former judge and others in December 2019, which resulted in a charge sheet filed in December 2021 before the Special Judge hearing CBI cases in the Rouse Avenue Courts.

A charge sheet was filed against Shukla by the Central Bureau of Investigation (CBI) in the corruption case, and the trial is pending before a Delhi court. This case, too, was registered by CBI but the trial proceeded before a Lucknow CBI court. 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.

Allowing the petition, the top court order said, “Sessions Case No.737/2026 titled “CBI v. He said that although the FIR in the DA case was filed in Delhi, the trial was held in Lucknow.

Since the present proceedings emerged from the earlier corruption case, Shukla sought the transfer of the Lucknow trial to Delhi. Narayan Shukla & Anr.”, which is pending before the Court of Special Judge, Anti-Corruption, CBI, West Lucknow, U.P. is ordered to be transferred to the Court of Special Judge (PC Act) CBI, Rouse Avenue Court, Central District, New Delhi. 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.