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Karnataka HC judge records 'threat of transfer' in written order

On July 4, Justice Sandesh had made an oral observation about the threat

gavel_final Representative image | Shutterstock

Justice H.P. Sandesh of the Karnataka High Court, who had made a sensational revelation last week that he had received an indirect threat of transfer for passing orders against the head of Anti-Corruption Bureau (ACB) ADGP Seemanth Kumar Singh, recorded the threat in a written order on Monday.

The judge recorded his statement saying he was given the indirect threat of transfer by a sitting judge during the farewell dinner hosted by the High Court for former Chief Justice Ritu Raj Awasthi on July 1.

On July 4, Justice Sandesh had made an oral observation about the threat while hearing a bail plea of one P. S. Mahesh, a deputy tahsildar arrested for allegedly accepting a bribe of Rs 5 lakh in a land dispute case. He was given an indirect threat of transfer if he continued to monitor the progress of investigations carried out by the ACB in a case allegedly related to the deputy commissioner of Bengaluru (Urban).

It may be recalled that the court, in its June 29 order, had directed the ACB to produce all material pertaining to investigations and submit action taken report filed by ACB since its inception.

During a hearing, the HC judge had called the ACB a 'collection centre' and Singh a "tainted officer". Following this, ACB chief had moved the high court seeking expunction of the remarks made against him by the judge.

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

The judge also observed that the state should not have "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", the order stated.

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. The case will be next taken on July 13.

When the matter was taken up on Monday, the counsel for ACB sought adjournment submitting that a SLP had been filed before the Apex court against the directions and observations made against ACB and that the matter was listed for Tuesday (July 12). 

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