SC Judge writes to CJI, seeks transfer of Rajasthan High Court acting Chief Justice

NEW DELHI: Supreme Court judge Sandeep Mehta has urged Chief Justice of India Surya Kant to appoint a regular chief justice from another high court to the Rajasthan High Court and transfer its Acting Chief Justice Sanjeev Prakash Sharma, out of the state, alleging misuse of administrative powers, manipulation of case listings, favouritism and maladministration.

Justice Mehta made the request in three letters on August 2, August 10 and August 17, copies of which were sent to members of the SC Collegium. Justice Mehta, who was earlier a judge of the Rajasthan HC, said complaints received by him about Justice Sharma's functioning "prima facie" raised doubts about his integrity. He alleged that several Rajasthan HC judges had approached him and expressed concerns about Justice Sharma's conduct.

A principal allegation relates to the exercise of powers as Master of the Roster. Justice Mehta alleged that cases listed before other benches were, on several occasions, withdrawn and shifted to benches headed by Justice Sharma without "any justifiable cause".


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In his August 10 letter, Justice Mehta cited two cases as examples. One involved a batch of appeals concerning land in Udaipur. He alleged that the matters were shifted to Justice Sharma's bench at Jaipur despite an earlier ruling by Justice Sharma that matters falling within the jurisdiction of the Jodhpur principal seat could not be moved there. The second case concerned a mining businessman. Justice Mehta alleged that a matter arising from a criminal proceeding, in which a special appeal was not maintainable, was nevertheless registered by the Registry as a Special Appeal Writ and listed before Justice Sharma's bench.

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In a press statement issued on Wednesday evening, CJI Kant said that he and the other members of the Collegium are already working on the appointment of chief justices for the remaining high courts. The CJI said he had taken note of the concerns raised by Justice Sandeep Mehta, while stressing that "allegations against a sitting judge must be dealt with strictly through the established institutional mechanism." The CJI maintained that the contents of the letters cannot be adjudicated in the public domain and that the concerned judge must be given a fair opportunity to present his response before any conclusion is reached. "The fact that allegations have been made, therefore, cannot by itself be treated as a finding against the judge," the press statement said.

The matter, the CJI added, is being examined at the appropriate level, and the process will take into account the material placed by Justice Mehta as well as the response of Justice Sharma. The CJI also emphasised that the SC cannot allow individual complaints concerning judges to be determined through competing claims in the media. Justice Sharma is due to retire on September 26.