Karnataka IAS Officer Moves Supreme Court Against Adverse Remarks Of Justice HP Sandesh Of High Court

It has been averred in the petition that the remarks were made by the judge who has been passing several adverse remarks and directions against the Anti-Corruption Bureau of Karnataka without giving him an opportunity to him in violation of the principle of natural justice. Former IAS officer also contended that the High Court has exceeded its jurisdiction and has traversed beyond the scope of matter before it.

On July 12, 2022 the bench headed by CJI had requested Justice HP Sandesh of Karnataka High Court, to defer the hearing in the case for three more days.

What were the remarks made by Justice Sandesh?

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 since its inception.

In another development in the case on Monday, 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: J Manjunath v. State of Karnataka| SLP (Crl) 21350/ 2022