The Department of Justice, under the Ministry of Law and Justice, has forwarded a formal complaint 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 examination.

The complaint, dated November 8, 2024, was addressed to President Droupadi Murmu. Justice Kumar has alleged "improper conduct" and abuse of office by the former CJI in connection with the constitution of two Supreme Court benches on July 1, 2023, during the court’s summer vacation.

He has sought the President's sanction under Section 17A of the Prevention of Corruption Act, 1988, to permit the Central Bureau of Investigation (CBI) to initiate an inquiry. The complaint centers around the formation of special benches to hear the bail plea of activist Teesta Setalvad, which Justice Kumar claims amounted to extending “undue favour” in a matter involving serious criminal allegations.

Justice Kumar said he was “compelled by a sense of duty to uphold public confidence in the judiciary,” and urged an inquiry into what he described as a misuse of official position by the former CJI.

Setalvad was accused of fabricating evidence and coercing witnesses in connection with cases arising from the 2002 Gujarat riots. After her bail was denied by a Sessions Court and the Gujarat High Court on July 1, 2023, she approached the Supreme Court the same day with a Special Leave Petition. Justice Kumar has alleged that a special bench was immediately formed, but it could not arrive at a decision on interim relief and referred the case to a larger bench.

During hearings, the Additional Solicitor General also noted that some witnesses had alleged Setalvad pressured them into submitting affidavits targeting senior Gujarat officials.

The forwarding of the complaint to the DoPT suggests the issue is being taken seriously. Further action will depend on the DoPT’s assessment of the allegations and the request for investigative sanction.