Lawyers’ associations have come out in support of Justice H.P. Sandesh of Karnataka High Court who told an open court about the indirect threat he faced for pulling up the state Anti-Corruption Bureau over a case involving a senior civil servant.
Advocates’ Association, Bangalore, has in a statement said they would write to the Chief Justice of India with a request to launch an investigation into the matter that shook the conscience of the fraternity and the general public.
“The Advocates’ Association expresses serious concern and deep regret that there are external forces and forces within the judiciary influencing judicial decisions. A judge’s decision must inspire the deepest faith in the system and must not be open to questions and doubt,” the association said in a statement.
While making oral observations during the hearing of a bribery case, Justice Sandesh had on Monday revealed the threat he faced. “Your (bureau’s) ADGP (Seemanth Kumar Singh) seems to be so powerful…. Some person has 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. I am going to protect the independence of the judiciary at the cost of my judgeship. This should not happen. I will record the same in the order itself,” the judge had told the counsel for the ACB that functions under the state government.
The revelation came while hearing the bail plea of deputy tehsildar P.S. Mahesh who was charged with accepting Rs 5 lakh as bribe to settle a property dispute with the help of the then Bangalore Urban deputy commissioner J. Manjunath, who was since shunted out before being arrested after the judge’s remarks on Monday.
Justice Sandesh had questioned the ACB why Manjunath was not included in the FIR although Mahesh had allegedly accepted the bribe at the behest of his superior.
The advocates’ association termed the revelations of Justice Sandesh as “shocking” and feared such threats to a judge could affect the independence of the judiciary.
“Justice Sandesh by his open and bold judgeship is opening the eyes of 3 institutions, the political, judiciary and bureaucracy, and the Advocates’ Association stands by him in his effort to correct the system,” it stated, expressing support to the judge.
All India Lawyers’ Association for Justice, a city-based body of lawyers, condemned the threat to Justice Sandesh and lauded his “commitment to the Constitution and the independence of the judiciary over personal gain”.
“The transfer of any judge to fulfil political motives endangers both judicial independence and democracy as a whole. At a time when the independence of the judiciary is under serious threat nationwide, AILAJ stands in solidarity with Justice Sandesh and calls on all members of the judiciary to continue functioning independently and dispensing their constitutional duties,” stated the association.
Officer’s plea
ADGP Seemanth Kumar Singh has moved Karnataka High Court seeking to expunge the remarks made by the judge against him and the state anti-graft bureau. “The petitioner is deeply hurt by the oral observations made by the learned single judge which has caused a severe dent to the reputation of the petitioner and also that of the ACB,” the petition said.
