PIL before Karnataka High Court seeks security to Justice HP Sandesh, SIT probe into threat of transfer

A public interest litigation (PIL) petition has been filed before the Karnataka High Court seeking directions to the State to provide adequate security to High Court judge Justice HP Sandesh who had recently revealed in open court that he was threatened with transfer for monitoring a case. .The PIL petition filed by advocate Ramesh Naik L also sought a court-monitored probe by a special investigation team (SIT) into the allegation of “threat of transfer" received by Justice Sandesh. "Disclosure by a judge of 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 said..The petitioner contended that a High Court judge revealing in open court about threats of transfer might perhaps be unprecedented in the history of Indian judiciary."Unprecedented event occurred on 04.07.2022 in the history of Karnataka judiciary, perhaps in the history of entire Indian judicial system, wherein his Lordship Hon’ble Justice H.P. Sandesh has expressed apprehension of “threat of transfer”, in an open Court Hall-17 proceedings while hearing one criminal petition and questioning the credibility of Anti-Corruption Bureau(ACB) and its chief, for sincerely discharging his constitutional duties in the interest of general public and to uphold the dignity of the judicial independence," the petitioner stated..Justice Sandesh had made oral observations on July 4 about the threats of transfer he had received for monitoring certain cases being handled by the Anti-Corruption Bureau (ACB) of the State. In this regard, the judge had made scathing remarks about Additional Director General of Police (ADGP) Seemanth Kumar Singh.The observations were made while hearing the bail application of an accused who was allegedly caught red-handed accepting a bribe of ₹5 lakh in exchange for an order from the Deputy Commissioner's office.However, the judge had not put the same on record.Subsequently, in an order passed on July 11, he had recorded in detail about the events that transpired.According to the same, he was attending the farewell dinner of former Chief Justice Ritu Raj Awasthi on July 1, 2022, when a sitting judge of the High Court sat beside him and conveyed the threat."In the meanwhile, on account of superannuation of the Hon’ble Chief Justice, a dinner was arranged by this Court to bid farewell on 01.07.2022. A Hon’ble sitting Judge came and sat by the side of me and stated that he received a call from Delhi (not disclosed the name) and said that the person who called from Delhi, enquired about me and immediately I replied that I am not affiliated to any political party and the Hon’ble Judge did not stop the same there itself and further said that ADGP is from North India and he is powerful and also gave an instance of transfer of Senior Judge of this Court to some other State and told that for no mistake on his part, he was transferred and chances of one side feeding to them and the same is nothing but an attack on the independence of judiciary and interference in dispensation of justice," the order said.The revelations had kicked up a storm with the ACB approaching the Supreme Court seeking expunction of remarks made by Justice Sandesh and setting aside an order passed by the judge seeking the service records of ADGP Seemanth Kumar Singh.