Remarks against ADGP of Karnataka ACB: Supreme Court asks High Court to defer hearing for 3 days

The Supreme Court on Tuesday asked the Karnataka High Court to defer for three days, the hearing in a bail matter in which it had made certain remarks against the Additional Director General of Police (ADGP) of the State Anti-Corruption Bureau (ACB) [Seemanth Kumar Singh v. Mahesh PS]..The Bench of Chief Justice of India NV Ramana and Justices Krishna Murari and Hima Kohli was hearing a plea by the ADGP challenging an order passed by Justice HP Sandesh of the Karnataka High Court on July 7 in a bail matter..Appearing for the State of Karnataka, Solicitor General Tushar Mehta told the Bench that the remarks "could have been avoided" and requested the apex court to stay the proceedings before the High Court for a few days..Senior Advocate Amit Kumar representing ADGP Seemanth Kumar Singh, said,"My ACRs have been read in open court. Strictures passed against me without hearing me. There has been a direction to even consider if I am fit to hold the position."At this stage, CJI Ramana said,"What happened to the accused who sought bail? How can you make accused as a party? You should have made the High Court Registrar as the party."The Court ultimately ordered,"It is noted that even though our Court had listed the matter today, the judge [Justice Sandesh] directed hearing of matter tomorrow and has also passed certain speaking orders. Taking into consideration this, we think it is fit to request the learned judge to defer the hearing for 3 days."The matter was thus adjourned to Thursday, July 14..ADGP Singh challenged the July 7 order in which Justice Sandesh had given reasons for his oral observations made against him and the ACB, saying that they were not working for the benefit of the institution.In his order, the judge 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 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 was an untrue statement..The ADGP has also separately moved the Karnataka High Court seeking expunction of the oral remarks made by the Justice Sandesh during earlier hearings as well as quashing of an order passed by the High Court seeking his service records.He submitted that he was “deeply hurt” by the oral observations, which he claims caused a severe dent to his reputation.“The reputation built by the petitioner dur to years of hard work has suffered a severe dent due to the remarks made by the learned single judge,” it was submitted before the High Court.It was further contended that a reading of the transcript clearly showed that the judge had passed oral orders and remarks that were not warranted. Singh emphasised that since he had been appointed the ADGP of the ACB, he had been diligently discharging his duties with the utmost honesty..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 Bureau."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.