Karnataka HC Judge Who Claimed Receiving Transfer Threat After Pulling Up ACB Puts It On Record

The Supreme Court on Tuesday asked Justice HP Sandesh of the Karnataka High Court to defer the hearing of a case against the state's Anti-Corruption Bureau by three days.

This came a day after Justice Sandesh put on record his oral observation about getting a transfer threat in connection with his comments against the functioning of the ACB.

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Judge calls ACB a collection centre

Last week Justice Sandesh had told the open court that he learnt of a transfer threat for pulling up the Karnataka ACB and its ADGP.

The judge had termed ACB a "collection centre," and its ADGP Seemanth Kumar Singh a "tainted officer."

Justice Sandesh made an oral observation last week about the transfer threat he allegedly received after these comments.

The ACB then filed a special leave petition (SLP) in the Supreme Court against the remarks.

Singh also filed a petition in the High Court seeking expunging of the remarks against him and the ACB.

What the judge said about the transfer threat

On Monday Justice Sandesh put his oral observations on record.

"When this matter was heard on June 29, 2022, this court found inaction on part of ACB in arraying the real accused and made observations regarding the inaction on the part of ACB in bringing the real culprits and matter was adjourned to July 4, 2022," he said

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"A dinner was arranged by this court to bid farewell to Chief Justice on July 1, 2022. A sitting judge who came and sat by the side of me started with the word (name not recorded) he had received a call from Delhi and says the person who called from Delhi, inquired about me," he further said.

"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...," he said.

The case against ACB

It all began with the judge hearing a bail petition of a deputy tahsildar who was working in the Bengaluru Urban Deputy Commissioner's office.

Apart from calling for records of 'B' Reports filed in corruption cases, Singh's service records and details of a mining bribery case against him were sought by the court.

Justice Sandesh said he called for service records of Singh because there was a threat to the court that was nothing but undermining its independence. He said, "you have already approached the Supreme Court. If they find I am wrong, let there be an inquiry."

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In Monday's order, the court also directed the State not to appoint tainted officers to anti-corruption agencies like the ACB.

The judge said, "The Chief Secretary is directed that before posting officers that too to an institution established for the 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"

What SC said on Tuesday

On Tuesday Solicitor General of India Tushar Mehta, appearing for the State of Karnataka, submitted that the single judge should have refrained from passing the order on Monday when the Supreme Court was to hear the Special Leave Petition.

The counsel appearing for ADGP Seemant Kumar Singh submitted that strictures were passed against him by the judge without hearing him.

The SC bench of CJI NV Ramanna, Justices Krishna Murari, and Hima Kohli asked Justice Sandesh to defer the hearing in the case by three days.

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