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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 is a threat to the independence of the judiciary and a threat made to the court.
The Supreme Court on Tuesday requested the Karnataka High Court judge, Justice HP Sandesh to defer hearings in the matter wherein, the judge 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 has requested the judge to defer hearings in the matter for three days listing the matter on Friday.
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 Solicitor General Tushar Mehta appearing for the state submitted that the apprehension may be right or wrong, and Court should let the matter be taken up by the Chief Justice of Karnataka High Court, the first court.
SG Mehta further informed the bench that there was a speaking order as well over the issue despite the information that the matter will come up before the Supreme Court. It was also submitted that it was in a matter over a bail application in a corruption case. "It should have been allowed or denied, but it was said that the office is not working properly and all," SG Mehta added.
Counsel appearing for the ADGP submitted that the question was raised on the officer holding the office, and his official records were called upon and read in the open court. "And by the very nature, these documents are confidential," SG Mehta added.
The bench, after hearing the counsels, requested the High Court judge to defer the hearing in the matter for three days. It was said that meanwhile, the apex court will have a look at the speaking order which has not been uploaded and listed the matter for Friday.
Earlier, the matter was mentioned before the CJI Ramana's court and the court had directed the matter to be listed today.
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.
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