Supreme Court
SC stays Karnataka High Court directions against ACB, observes judge made irrelevant remarks
New Delhi/UNI: The Supreme Court has stayed the directions passed by a single-judge bench of the Karnataka High Court against the Anti-Corruption Bureau (ACB) after observing that Justice HP Sandesh made irrelevant statements that were beyond the scope of the bail.
The bench of Chief Justice NV Ramana, Justices Krishna Murari and Hima Kohli gave the directions while considering a plea referred to by the ACB.
Anti-Corruption Bureau of Karnataka, State of Karnataka, ACB chief Seemant Kumar Singh ADGP and Karnataka IAS Officer J Manjunath had moved the plea against certain adverse observations made by Justice Sandesh.
Senior Advocate Mukul Rohatgi, appearing for ADGP Seemant Kumar Singh, requested the bench to expunge the adverse remarks made by the high court bench.
Senior Advocate S Nagamuthu, appearing for J Manjunath IAS (who was arrested in the bribery case subsequent to the critical remarks of the court), requested that the matter be assigned to some other bench.
"Sorry, we have to balance the sides. we cannot be seen to be favouring one side," the CJI said while ordering notice in the SLPs.
Justice Sandesh had orally said that the ADGP was a powerful person and that a High Court judge had given him the example of another judge getting transferred for making similar interventions.
The Judge was allegedly transferred after expressing dissatisfaction with the investigation in a case related to Deputy Commissioner, Bengaluru (Urban).
He had also passed directions to the ACB to produce all the closure reports filed since its inception.
On Jul 12, the bench headed by CJI had requested the judge to defer the hearing in the case for three more days.
"Your ADGP is so powerful… Some person spoke to one of our High Court judges, that judge came and sat with me and he says, giving an example of transferring one of the judges to some other district…
"I will not hesitate to mention the name of the judge also," Justice Sandesh had told the ACB counsel in the hearing held on Jul 4.
"I am going to protect the independence of the judiciary at the cost of my judgeship. This should not happen. I will record the same in the order itself. You people are encouraging such people. You are here to protect the institution, not to do all these things…"
He added "I have no personal interest.
"Corruption is cancer, I will bell the cat, even at the cost of my judgeship. It is my duty to protect the independence of the judiciary also. I am not affiliated to any political party and also belong to the ideology of any political party. I am affiliated to the Constitution only…"
On Jul 11, Justice Sandesh recorded in writing the threat of transfer he received from a sitting judge. The same was done after being informed about the SLP.
In his order while adjourning the case for July 13, the judge had stated that, "... on account of superannuation, a dinner was arranged by this court to bid farewell to Honourable Chief Justice on 01-07-2022. A sitting judge who came and sat by my side of me started with the word…"
"He had received a call from Delhi (not disclosed the name) and said the person who called from Delhi, inquired about me and immediately I replied I am not affiliated to any political party. The judge did not stop the same there itself, and said that ADGP is from North India and he is powerful. He also gave an instance of transfer of...."
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