Plea seeking Removal of remarks by HC Judge alleging transfer threat mentioned before Top Court; CJI lists the matter tomorrow

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Synopsis

Justice HP Sandesh of the Karnataka High Court 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 said that this is a threat to the independence of the judiciary and a threat made to the court.

The Supreme Court has allowed urgent listing of the plea filed by the Additional Director General of Police (ADGP) of the Anti Corruption Bureau (ACB) 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.

A bench of the Chief Justice of India NV Ramana, Justice Krishna Murari, and Justice Hima Kohli allowed the urgent mentioning of the matter and directed the matter to be listed tomorrow before an appropriate bench.

When the matter was mentioned before the bench, CJI Ramana said, "What is this threatening judges with transfers and all?" 

The counsel appearing for the ADGP informed the bench that this is all over in the media and this damages his reputation.

Solicitor General Tushar Mehta informed the bench that the statement was made in a bail plea, wherein, several directions were passed by the Single Judge.

The bench while considering the matter directed the matter to be listed before an appropriate bench tomorrow.

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 said that this is 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.