New Delhi (Gurpreet Singh): Chief Justice of India Surya Kant on Wednesday said allegations against a sitting judge must be examined “strictly through established institutional mechanisms”, after Supreme Court judge Justice Sandeep Mehta raised concerns against Rajasthan High Court Acting Chief Justice Sanjeev Prakash Sharma.
The CJI said the allegations made in Justice Mehta’s letters cannot be treated as findings against Justice Sharma merely because they have been raised. He stressed that the Acting Chief Justice must be given a fair opportunity to present his response before any conclusion is reached.
Justice Mehta has accused Justice Sharma of allegedly misusing administrative powers and manipulating the listing of cases to favour “rich litigants”. The allegations have not been established and are now being examined through the appropriate institutional process.
Allegations Cannot Be Adjudicated In Public Domain: CJI Surya Kant
CJI Surya Kant, who is currently on a four-day visit to Germany and the United Kingdom, said complaints concerning judges cannot be decided through competing claims made in the media.
According to the CJI, the contents of Justice Mehta’s letters cannot be adjudicated in the public domain, and Justice Sharma must be allowed to place his version before the appropriate authority.
“The fact that allegations have been made, therefore, cannot by itself be treated as a finding against the judge,” CJI Surya Kant said.
His statement stressed the need to follow due process while dealing with allegations involving a sitting member of the judiciary.
What Are Justice Sandeep Mehta’s Allegations?
Justice Sandeep Mehta raised concerns over the functioning of the Rajasthan High Court under Acting Chief Justice Sanjeev Prakash Sharma in letters addressed to the CJI.
Among the allegations, Justice Mehta accused the Acting Chief Justice of misusing his administrative authority and manipulating case listings to favour certain “rich litigants”.
He also sought Justice Sharma’s replacement “with immediate effect” and called for the appointment of a Chief Justice from another state.
These are allegations made by Justice Mehta and have not been established as findings against the Rajasthan High Court Acting Chief Justice.
CJI Says Matter Already Being Examined
CJI Surya Kant said the matter is being considered at the appropriate level and that the process will take into account both Justice Mehta’s material and Justice Sharma’s response.
“Any decision regarding the continuation, transfer or other administrative action concerning the acting Chief Justice would be taken by the competent institutional authority after due consideration of the material,” the CJI said.
Justice Kant also confirmed that he had taken note of the concerns raised in the letters.
The CJI further said that he and other members of the Supreme Court Collegium were already working on the appointment of Chief Justices to High Courts where such appointments remain pending.
