Karnataka ACB Moves Supreme Court Against Adverse Remarks & Directions Of High Court

The Anti-Corruption Bureau of Karnataka has approached the Supreme Court against certain adverse observations made by a single judge of the Karnataka High Court.

The ACB Chief ADGP Seemant Kumar Singh had become the centre of controversy last week after Justice HP Sandesh of the High Court made a sensational statement in the open court that he received indirect threats of transfer after passing several directions against ACB.

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. Justice Sandesh had made these oral remarks after expressing dissatisfaction with the investigation in a case related to Deputy Commissioner, Bengaluru (Urban). The judge had earlier passed directions to the ACB to produce all the closure reports filed it since its inception.

On Monday, Solicitor General of India Tushar Mehta mentioned the matter before the Chief Justice of India for urgent listing.

"This is a matter where in bail plea a single judge of the Karnataka High Court has taken various issues and have asked us to file all B Summary reports. Several observations were made. Requires urgent hearing", the SG submitted.

The CJI agreed to list the matter tomorrow.

"The Judge has said that you're going to threaten him and you're an influential officer?", CJI asked the counsel appearing for the officer.

"This is all in media and not correct. It causes grave damage to reputation", the counsel submitted.

What were the remarks of the HC judge?

"Your ADGP is so powerful… Some person spoken to one of our High Court judge, judge came and sat with me and he says, 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", Justice Sandesh had told the ACB counsel in the hearing held on July 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 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…"

In another development in the case today, Justice Sandesh recorded in writing the threat of transfer he received from a sitting judge. While adjourning the case to July 13 after the ACB's counsel informed about the SLP filed in Supreme Court, Justice Sandesh stated in the order as follows : 

"... 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 the side of me started with the word…"He had received a call from Delhi (not disclosed the name) and says 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...."

Case Title : Anti Corruption Bureau Karnataka vs Mahesh PS |Diary No.20631/2022

Click here to read/download the order