Karnataka HC Judge Records In Written Order The Threat Of Transfer Received From Sitting Judge For Passing Orders Against ACB Chief

On July 4, the judge had orally revealed during a hearing that an indirect threat of transfer was given through a sitting judge, if he continued to monitor the progress of investigations carried out by the Anti-Corruption Bureau (ACB) in a case allegedly involving Deputy Commissioner, Bengaluru (Urban).

The revelation made by the judge created a huge uproar. Today, the judge has made the revelations the part of the written order.

When the matter was taken today, the counsel for Anti Corruption Bureau (ACB) Mr Ashok Harnahalli submitted that SLP has been filed before the Apex Court against the directions and observations made against ACB and that the matter is listed tomorrow. Therefore the counsel sought for adjournment.

In the order dictated today(as gathered from the live-stream feed), Justice Sandesh noted : "When this matter was heard on 29-06-2022 and this court found inaction on part of ACB in arraying the real accused, made an observation with regards to the inaction on the part of ACB in bringing the real culprits and matter was adjourned to 4-7-2022."

The order further stated :

"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.

During the hearing today, Justice Sandesh orally said that the threat was an act of interference with dispensation of justice and threat to the independence of judiciary. Justice Sandesh also said that "I have already intimated the name of the sitting judge to whom it should be intimated, that there is a threat to me."

In the order, the judge also observed that the State should not pass "tainted officers" at the "helm of affairs".

"The Chief Secretary is directed that before posting officers that too to an institution established for prevention of corruption to take note of the public interest and should not be posting any tainted officers to the helm of affairs of the institution established for the prevention of corruption", Justice Sandesh stated in the order.

The officer must be having credibility and should not be appointed on the basis of external or internal influence. If the officer or his family members are facing any investigation by the ACB or Lok Ayukta, such officer should not be considered, the order stated further. The case will be next taken on July 13.

The order was passed by the court while hearing a bail application filed by one accused PS Mahesh, a deputy Tashildar arrested for allegedly accepting a bribe of Rs. 5 lakh in connection with giving a favourable order from the DC office on a land dispute case.

The judge again reiterated that Constitutional courts can monitor the investigation if circumstances are compelling.

The Chief Justice of India on Monday agreed to list tomorrow the Special Leave Petition filed by the ACB aginst the orders and observations of Justice Sandesh tomorrow, after an urgent mentioning was made by the Solicitor General.

Case Title: MAHESH P S v. STATE OF KARNATAKA

Case No: CRL.P 4909/2022

Click here to read/download the order