Karnataka HC judge records ‘transfer threat’ in written order

Karnataka HC judge stated that he was threatened with a transfer on July 1 when attending the farewell dinner for the then chief justice of Karnataka.

The Supreme Court on Tuesday will hear a special leave petition filed by Karnataka’s Anti-Corruption Bureau (ACB) against orders and observations made by Karnataka high court judge PS Sandesh even as the latter recorded in a written order on Monday that he had been threatened with a transfer after his orders.

The video recording of the live proceedings of court in which Justice Sandesh was seen making his statements has since been used by political parties across the country to target the BJP for interfering with the judiciary as well. (PTI)

Justice PS Sandesh recorded the threat of transfer he received days after he first made the startling claim-- the response, he said, for passing orders (on June 29) against the state’s Anti-Corruption Bureau (ACB) chief.

The judge stated that he was threatened with a transfer on July 1 when attending the farewell dinner for the then chief justice of Karnataka.

“Your ADGP is so powerful… Some person spoken to one of our high court judges. The judge came and sat with me and he says, giving an example of transferring one of the judges to some other district…I will not hesitate to mention the name of the judge also ,” justice Sandesh said last week, the first time he mentioned the incident.

He added that he would protect the independence of the judiciary at the cost of his own “judgeship”.

The judge said that tainted officers should not be “at the helm of affairs”.

Justice Sandesh was hearing a case filed by PS Mahesh, a deputy Tashildar for allegedly accepting a bribe of ₹5 lakh in return for securing a favourable order from the office of the Deputy Commissioner, Bengaluru (Urban). According to his Monday order, after he criticised the ACB for inaction on June 29, he received the threat . The head of the ACB is ADGP Seemanth Kumar Singh.

ACB and Singh approached the apex court against the observations made on June 29 and this was communicated to the judge on Monday by the former’s lawyer who sought an adjournment. The judge’s order followed.

Solicitor general of India Tushar Mehta mentioned the matter before Chief Justice of India NV Ramana, requesting an urgent hearing.

The senior law officer pointed out that there were reports in the media on the HC judge’s remarks regarding threats for passing orders in the case as well as the indictment of the ACB and Singh.

“What is this...threatening judges with transfer and all?” the CJI asked the S-G, who replied that an urgent hearing was therefore required to clear the air. At this, justice Ramana agreed to list the matter.

The petitions filed by ACB and Singh will come up for hearing on Tuesday before the bench, comprising the CJI and justices Krishna Murari and Hima Kohli.

The video recording of the live proceedings of court in which Justice Sandesh was seen making his statements has since been used by political parties across the country to target the Bharatiya Janata Party (BJP) for interfering with the judiciary as well.

On July 7, the official in question, Singh, approached the Karnataka HC to expunge the remarks.When this failed, he approached the SC.

“The learned Single Judge has made unwarranted comments regarding the integrity of the Petitioner and also that of the ACB which is headed by the Petitioner. The Learned Single Judge has stated that the ACB is a collection centre, that the Petitioner is a tainted officer,” according to that filing.

The senior police officer, in his petition, said that the statements made by the Judge were widely published on all news media platforms.