The Madras High Court has ordered a vigilance enquiry and the presiding judge has recused himself from hearing a criminal revision case after a representation was received alleging that a Senior Advocate had collected Rs 50 Lakhs from a client in the name of the Judge. Justice M. Nirmal Kumar, terming the allegations specific and serious, directed the matter to be placed before the Chief Justice for appropriate action.
Case Background
The matter pertains to N. Ganesh Agarwal vs. The Inspector of Police (CRL RC No. 1191 of 2015) and Naresh Prasad Agarwal vs. The Inspector of Police (Crl.O.P.No.21243 of 2014). The cases were listed for further hearing and for the submission of citations by the counsel for the petitioners on February 5, 2026.
During the proceedings, the Registry of the High Court received a communication dated January 22, 2026, from the Ministry of Law and Justice, Department of Legal Affairs, New Delhi. This communication forwarded a representation from an entity named the “All India Lawyers Association for Justice (AILAJ).”
The Allegations
The representation sent to the Ministry and subsequently placed before the Court contained a startling allegation regarding the proceedings. The letter alleged that a Senior Advocate had collected a substantial sum of money from the client under the pretext of bribing the presiding Judge.
The representation stated:
“A Senior Advocate has collected a sum of Rs.50,00,000/- (Rupees Fifty Lakhs only) from the client stating that the said amount has to be given to your Lordship in respect of the case in CRL.O.P No. 21243/2014 and Crl.R.C No.1191/2015, heard by your Lordship. However, even after receipt of the said amount, no order has been passed till date in the said case.”
The representation further requested the Court to pass a “suitable order” or initiate action.
Submissions by Counsel
Upon receiving the communication, the Court shared it with the Special Public Prosecutor for CBI cases and the Senior Counsel appearing for the petitioner.
- Petitioner’s Stand: Mr. M. Murali Kumaran, the Senior Counsel appearing for the petitioner (for Mr. R. Gopinath), submitted that the allegations contained in the representation are “totally false.” He further stated that he is “ready to cooperate with any kind of enquiry in this regard.”
- CBI’s Stand: Mr. K. Srinivasan, the Special Public Prosecutor for CBI Cases, strongly condemned the representation. He submitted that “this type of representation should not be entertained and such representation affects the dignity of the Court.” He urged that “stern steps to be taken to find the person behind such false representation and to take appropriate action.”
Court’s Analysis and Decision
Justice M. Nirmal Kumar took serious note of the specific nature of the allegations involving the collection of money in his name. Consequently, the Court decided that it would not be appropriate to continue hearing the matter.
In the common order, Justice Nirmal Kumar observed:
“In view of specific allegations contained in the representation given by All India Lawyers Association for Justice (AILAJ), Chennai, this Courts finds that it is appropriate that the issue to be referred to the Vigilance Cell of the Madras High Court. Hence, this Court is not inclined to hear this case.”
The Court directed the Registry to place the matter before the Hon’ble Chief Justice for two specific purposes:
- Posting the case before an appropriate Bench.
- Issuing appropriate directions to the Vigilance Cell “to conduct enquiry and to take appropriate action in this regard.”
The Registry was directed to forward copies of the order to the Ministry of Law and Justice, the Vigilance Cell of the Madras High Court, and the CBI.
Case Details:
- Case Title: N. Ganesh Agarwal Vs The Inspector Of Police (and connected matter)
- Case Numbers: CRL RC No. 1191 of 2015 and Crl.O.P.No.21243 of 2014
- Coram: Justice M. Nirmal Kumar
- Counsel for Petitioner: Mr. M. Murali Kumaran, Senior Counsel for Mr. R. Gopinath
- Counsel for Respondent: Mr. K. Srinivasan, Spl. Public Prosecutor for CBI Cases
