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Synopsis

An Advocate has moved Karnataka High Court seeking direction to provide Y, Y+, Z or Z+ security to Justice HP Sandesh of the High Court who had alleged that he was threatened with transfer for questioning the Additional Director General of Police of the Anti Corruption Bureau.

The plea filed by Advocate Ramesh Naik L has sought direction to form a Special Investigation Team headed by a High Court judge to expeditiously investigate the matter.

The plea submitted that if a judge of the stature of the High Court discloses in open court that he faces "threat of transfer" for carrying out his constitutional duties honestly and in the interests of the general public, it sends the wrong message to the public and, ultimately, threatens to undermine the enormous faith that the people of India have in the High Courts and its judges.

Justice Sandesh had said, “Your ACB ADGP seems to be a powerful person. I was told by my fellow judge that I could be transferred for the remarks. I will record the threat of transfer in the order.” He had said that this was a threat to the independence of the judiciary and a threat made to the court.

The above remark was made when the judge was hearing the bail petition of former Bengaluru Urban tehsildar Mahesh PS. According to Indian Express, the Tehsildar was reportedly caught while accepting a bribe of Rs 5 lakh in May 2021. It is to be noted that Mahesh had submitted a statement claiming that he received the bribe on the instruction of the then Bengaluru Urban DC J Manjunath.

Earlier, The apex court had requested the Karnataka High Court judge, Justice HP Sandesh to defer hearings in the matter in which the above-mentioned observations have been made till the next date of hearing in the Supreme Court.

Case Title: Ramesh Nail L Vs. State of Karnataka