The High Court of Karnataka on Monday rejected a PIL petition filed by an advocate seeking additional security for Justice H.P. Sandesh, a judge of the court, in view of the latter’s recent disclosure that he had faced ‘threat’ while hearing a bail petition related to a bribery case.
A Division Bench comprising acting Chief Justice Alok Aradhe and Justice S. Vishwajith Shetty passed the order while dismissing the petition filed by Ramesh Naik L., a resident of Tumakuru.
“No factual foundation has been laid either in the pleadings of the petition or in the email dated July 5, 2022 sent by the petitioners to the court with regard to any threat perception to Justice Sandesh. It has also not been stated that the security provided to him is inadequate,” the Bench observed.
The Bench said that “there is no merit in the plea to provide additional security (like Y, Y+, Z, Z+) as the petitioner has not stated that the extent of security provided to Justice Sandesh at present is inadequate.”
On the plea of the petitioner to direct the State government to set up a special investigation team under the supervision of the High Court to probe the ‘threat of transfer’ to Justice Sandesh, the Bench pointed out that the transfer of judges from one high court to another is governed in the manner as prescribed in Article 222 of the Constitution of India.
The Bench also noted that the averments made by Justice Sandesh in his order sheet in the bail petition is subjudice before a Supreme Court in the special leave petitions filed by the Anti Corruption Bureau and two officers, IAS officer J. Manjunath and IPS officer Seemant Kumar Singh against the observations made by Justice Sandesh.
As observations of Justice Sandesh is subjudice before the Supreme Court, the High Court cannot deal with the same subject, the Bench said while dismissing the petition.
