"Sitting judge sat by me, said a person from Delhi enquired about me:" Justice HP Sandesh records details of transfer threat

Justice HP Sandesh of the Karnataka High Court on Monday recorded in his order the details of the threat of transfer he had received for monitoring certain cases being handled by the Anti-Corruption Bureau (ACB) of the State [Mahesh PS v. State of Karnataka]..The judge had earlier made oral observations on July 4 about the threats he had received. However, he had not put the same on record. In his order passed yesterday, the judge proceeded to reveal in detail what had transpired..According to the same, he was attending the farewell dinner of former Chief Justice Ritu Raj Awasthi on July 1, 2022, when a sitting judge of the High Court sat beside him and conveyed the threat. "In the meanwhile, on account of superannuation of the Hon’ble Chief Justice, a dinner was arranged by this Court to bid farewell on 01.07.2022. A Hon’ble sitting Judge came and sat by the side of me and stated that he received a call from Delhi (not disclosed the name) and said that the person who called from Delhi, enquired about me and immediately I replied that I am not affiliated to any political party and the Hon’ble Judge did not stop the same there itself and further said that ADGP is from North India and he is powerful and also gave an instance of transfer of Senior Judge of this Court to some other State and told that for no mistake on his part, he was transferred and chances of one side feeding to them and the same is nothing but an attack on the independence of judiciary and interference in dispensation of justice," the order reads..During the hearing, Justice Sandesh orally explained his rationale behind the summons issued in the order dated July 7, which is now the subject of challenge before the apex court. He said that he passed the order since there was a threat to the working of the court."There cannot be a threat to the Court...I have intimated to concerned regarding the threat. This certainly amounts to threat to independence of judiciary and intervening in the dispensation of justice," he remarked. .When a senior counsel appearing for one of the parties insisted that the judge disclose the name of the sitting judge who threatened him, Justice Sandesh made it clear that the name had already been disclosed to the appropriate person. However, the same would not be revealed in open court."I know where I have to disclosed it, I have already disclosed it. I need not to disclose it here in the Court the name of the judge. Don't try to make me to commit mistake in this Court. Don't do all this. I have already intimated to whom I have to intimate," he said,.The judge then went on to say there was a threat to the Court through a sitting judge and asked, "Is it fair on the part of a sitting judge?"Therefore, he also opined that there should be an inquiry into the issue..There is a threat to this Court through a sitting judge. Is it fair on the part of a sitting judge? It is nothing but shaking the independence of judiciary.Justice HP Sandesh.Justice Sandesh also examined the service records of ADGP Seemanth Kumar Singh, and recorded remarks made in the same."A remark was made that the Officer has to give adequate attention to police image while performing his duties or supervising the duties of subordinate ofcers/ranks. It is further observed in column No.9 that lesser strength are loose supervision, soft going on subordinates, inability to say ‘No’.".Taking these records into consideration, the single-judge directed the Chief Secretary and the Department of Personnel and Administrative Reforms (DPAR) to not post any "tainted officer" to the helm of affairs of the institution which was established to prevent corruption.Therefore, the Chief Secretary was asked to take note of the credibility, integrity and antecedents of an officer before posting them. Additionally, it was directed that officers being posted should not have family members facing an investigation either by the ACB or the Lokayukta..With this, the Court adjourned the hearing to July 13 in light of the plea filed before the Supreme Court, which will be heard on July 12. Meanwhile, the Supreme Court has asked the Karnataka High Court to defer the hearing in this case for three days..The ACB had moved the apex court against a July 7 order of the Karnataka High Court, wherein Justice Sandesh had given reasons for his oral observations made against the ACB and the Additional Director General of Police (ADGP) Seemanth Kumar Singh, saying that they were not working for benefit of the institution.During the hearing of the matter today, the order passed by Justice Sandesh yesterday was also brought to the notice of the top court by Solicitor General Tushar Mehta. "Somebody applied for regular bail. He could have been granted or refused bail. The judge went on to observe that department is not working properly and sought details of B summary report since 2016," SG Mehta said.The Bench of Chief Justice of India NV Ramana and Justices Krishna Murari and Hima Kohli then asked the Karnataka High Court to defer for three days..Earlier, on July 4, Justice Sandesh had in open court divulged controversial details regarding threats of a transfer he received for monitoring certain cases being handled by the Bureau."Your ADGP so powerful (unclear). Some persons spoke to one of our High Court judges. That judge came and sat with me and he said giving an example of transferring of one of the judge to some other district. I will not hesitate to mention the name of the judge also! He came and sat by the side of me and there is a threat to this court," Justice Sandesh had said..[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.