SC Stays Directions of Karnataka HC Judge Who Criticised ACB, Top Officer
New Delhi: The Supreme Court on Monday, July 18, stayed some of the directions issued and observations made by a Karnataka high court judge against the state's Anti-Corruption Bureau, its chief and its alleged methods of functioning.
Earlier in July, Justice H.P. Sandesh of the Karnataka high court had said that he was threatened with transfer for hearing a corruption case being handled by the state’s anti-corruption bureau. Orally observing to the ACB's counsel that "your ADGP is so powerful," Justice Sandesh had also said that another high court judge also spoke to him of having received threats of transfer.
On July 11, Justice Sandesh issued a written order recording the same. Justice Sandesh had also passed directions to the ACB to produce all closure reports filed since the inception of the ACB.
By then, the ACB, its chief, Additional Director General of Police Seemant Kumar Singh, and IAS officer J. Manjunath had moved the Supreme Court against the judge's comments. Manjunath had been arrested in a bribery case after the judge's remarks, LiveLaw has reported.
Singh, in his plea, sought expunction of the remarks by Justice Sandesh, who had called the ACB a “collection centre” and Singh a “tainted officer”. The officer also sought a stay on the proceedings in the high court.
According to NDTV, Manjunath's plea said, "The high court has lost sight of the fact that such remarks at nascent stages of investigation have a disastrous bearing on the fair probe and judicious conclusion of the criminal proceedings, including his right to remedy of bail."
On July 12, the Supreme Court asked Justice Sandesh to defer the hearing in the matter for three days.
LiveLaw has reported that the bench of Chief Justice of India N.V. Ramanna, Justices Krishna Murari and Hima Kohli observed on Monday that Justice Sandesh made "irrelevant observations".
"We stay proceedings like asking for service report, B summary report, observations on the ACB etc. Prima facie, the observations made were unconnected to the bail petition. The observations were not made within the ambit of bail proceedings. The conduct of the ACB officer is unconnected to the bail petition. We direct the High Court to decide the bail petition," the top court ordered, according to Bar and Bench.
Staying proceedings against the ACB and ADGP, the court also issued notice to the high court registrar on Singh's prayer to expunge Justice Sandesh's remarks against ACB.
The Supreme Court, however, did not agree to transfer the matter to another bench – as required by Manjunath's counsel – saying, "Sorry, we have to balance the sides. we cannot be seen to be favouring one side."
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