Transfer threat allegations: Supreme Court stays observations, orders by Justice HP Sandesh against Karnataka ACB, ADGP

The observations and orders passed by Karnataka High Court judge Justice HP Sandesh castigating State Anti-Corruption Bureau (ACB)as well as the Additional Director General of Police (ADGP) of ACB, Seemanth Kumar Singh was stayed by the Supreme Court on Monday..The Bench of Chief Justice of India NV Ramana and Justices Krishna Murari and Hima Kohli ordered the single-judge to decide the bail application before him while staying the directions and observations, which the top court considered as irrelevant to the matter."We stay proceedings like asking for service report, B summary report, observations on the ACB etc. Prima facie, the observations made were unconnected to the bail petition. The observations were not made within the ambit of bail proceedings. The conduct of the ACB officer is unconnected to the bail petition. We direct the High Court to decide the bail petition," the top court ordered. The Court also stayed proceedings against the ACB and ADGP and also issued notice to the High Court Registrar on prayer for expunging the remarks by Justice Sandesh against ACB. The Court, however, turned down the request by the appellants to post the case before another bench of the High Court.The Court was hearing separate plea by the ACB, ADGP and J Manjunath against the scathing observations made by Justice Sandesh. Earlier the bench had asked the High Court judge to defer hearing the case by three days. .The controversy began on July 4, when Justice Sandesh revealed that he received threats of a transfer for monitoring certain cases being handled by the ACB.He also made strong remarks against ADGP Singh."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.The observations were made while hearing the bail application of an accused who was allegedly caught red-handed accepting a bribe of ₹5 lakh in exchange for an order from the Deputy Commissioner's office.On July 7, the judge passed an order giving reasons for his oral observations against ADGP and the ACB, saying that they were not working for the benefit of the institution.In his order, the single-judge had explained that despite material being available on record, the ACB did not take any action against a Deputy Commissioner who was accused of receiving a bribe for a favourable order.The High Court had earlier sought production of search warrants that were unexecuted and B-reports that were filed against those accepting bribes, but were let off.“The ADGP who is representing the institution and who is in helm of affairs of ACB not exercised his powers legally and not shown any enthusiasm to protect the institution,” the single-judge had observed.However, when the case was taken up on July 7, the ACB produced statistics before the Court sans authentication. Additionally, it was found that the report reflected that no B-reports were filed in the year 2022, which, it said, was an untrue statement.The ACB, ADGP and J Manjunath approached the top court against that order. Subsequently, in an order passed on July 11, Justice Sandesh had also recorded in detail about the events that transpired regarding the threat of transfer about which he had spoken in open court on July 4.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 said.