[Karnataka HC Judge Transfer Threat] Supreme Court stays unrelated proceedings, directs HC to decide main matter

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Synopsis

The bench has, however, directed the High Court to decide the bail application without recourse to the pendency of the matter before the Supreme Court.

The Supreme Court on Monday stayed other proceedings in the matter wherein the Karnataka High Court judge, Justice HP Sandesh had alleged that he was threatened with transfer for questioning the Additional Director General of Police of the Anti Corruption Bureau.

A bench of the Chief Justice of India NV Ramana, Justice Krishna Murari, and Justice Hima Kohli, however, directed the High Court to decide the bail application without recourse to the pendency of the matter before the Supreme Court.

The bench was hearing a plea filed by the Additional Director General of Police (ADGP) of the Anti Corruption Bureau (ACB) and the Karnataka Government seeking withdrawal of the statement made by Karnataka High Court Judge, Justice HP Sandesh alleging that he was threatened with transfer for questioning ADGP of ACB. The observations were made while hearing a bail application.

The Solicitor General Tushar Mehta appearing for the state requested the bench to stay proceedings in the matter which are unconnected with the bail application.

Additionally, Senior Advocate, Mukul Rohatgi requested the bench to expunge the remarks made by the High Court judge. However, the bench issued notice to the court office in relation to the issue.

Earlier, the apex court had requested the Karnataka High Court judge, Justice HP Sandesh to defer hearings in the matter.

Justice Sandesh had remarked, “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.

Case Title: Seemant Kumar Singh Vs. Mahesh PS and Anr.