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Lawyer Moves Karnataka High Court Seeking Police Protection For Justice HP Sandesh, SIT Probe Into "Transfer Threat"
Mustafa Plumber
15 July 2022 8:34 AM GMT
A Karnataka based Advocate has moved the High Court seeking a direction to the state government to provide adequate security (Y, Y+, Z, Z+, whatever is suitable) to Justice H.P. Sandesh, who recently made sensational revelations regarding "transfer threats" for slamming investigations carried out by the Anti-Corruption Bureau in a case allegedly involving Deputy Commissioner,...
A Karnataka based Advocate has moved the High Court seeking a direction to the state government to provide adequate security (Y, Y+, Z, Z+, whatever is suitable) to Justice H.P. Sandesh, who recently made sensational revelations regarding "transfer threats" for slamming investigations carried out by the Anti-Corruption Bureau in a case allegedly involving Deputy Commissioner, Bengaluru (Urban).
Justice Sandesh had in his order dated July 11, recorded that he was given an indirect threat of transfer by a sitting judge during the farewell dinner function organised by the High Court to bid farewell to former Chief Justice Ritu Raj Awasthi on July 1.
The petition filed by Advocate Ramesh Naik L thus seeks constitution of a Special Investigation Team (SIT) under the supervision of the High Court to investigate the above allegations. It will come up for hearing in due course.
The plea says that the reliefs sought are crucial for the overall benefit of the judicial system since such threats hinder Judges in impartial discharge of their constitutional duties. It is submitted that reliefs sought are necessary to maintain independence of the judiciary and to nourish people's faith in the judiciary.
"Disclosure by a judge of Hon'ble High Court stature in open court about "threat of transfer" for discharging his constitutional duties sincerely and in the interest of the general public, sends wrong message across the public domain if his Lordship's "concern of threat" is not properly addressed and ultimately it tends to shake enormous faith that People of India reposed on High Courts and its Judges," the plea states.
It adds that Article 222 of the Constitution deals with the procedure regarding the transfer of Judges of High Courts and any threat, pressure, coercion, ambition, undue influence, enticement from inside or outside forces in respect of transfer of any High Court Judge result in the gross violation of the Constitution.
The plea emphasizes that judicial independence is the basic structure of the Constitution and it cannot be abridged by unwarranted "threats" to Judges, the plea adds.
Case Title: Ramesh Naik.L v. State of Karnataka
FR NO: 13570/2022
