Karnataka ACB moves Supreme Court Court against Justice HP Sandesh order

Anti-Corruption Bureau (ACB) of Karnataka has moved the Supreme Court challenging an order passed by Justice HP Sandesh of Karnataka High Court on July 7 while hearing a bail petition last week..The matter was mentioned before a bench of Chief Justice of India (CJI) NV Ramana, Justices Krishna Murari and Hima Kohli by Solicitor General Tushar Mehta. "What is this threatening judges with transfer and all?", the CJI remarked. The counsel for the ACB clarified in response that this was all in the media, and incorrect. Thus, it was causing damage to his reputation. CJI Ramana agreed to list the plea for hearing on Tuesday..The plea has challenged the July 7 order of the Karnataka High Court, wherein Justice Sandesh had given reasons for his oral observations made against the ACB and the Additional Director General of Police (ADGP) Seemanth Kumar Singh, saying that they were not working for benefit of the institution. In his July 7 order, the judge explained that despite material being available on record, the ACB did not take any action against the Deputy Commissioner who was accused of receiving a bribe for a favourable order. .In this regard, the Court had earlier sought production of search warrants that were unexecuted and B-reports that were filed against those accepting bribes, but were let off.“The ADGP who is representing the institution and who is in helm of affairs of ACB not exercised his powers legally and not shown any enthusiasm to protect the institution,” the single-judge had observed..However, when the case was taken up on July 7, the ACB produced statistics before the court without authentication. Additionally, it was found that the report reflected that no B-reports were filed in the year 2022, which was an untrue statement..It was taken note of by the court that during the enquiry it was found that the ADGP was taking monthly mamuls from iron ore traders and transporters through their subordinates, and had received ₹3 lakh from one Swastik Nagaraj.With regard to this case, the Central Bureau of Investigation (CBI) was directed to place before the court a report of the investigation pertaining to the ADGP by the next date of hearing..ACB has now moved the Supreme Court court against these observations recorded by the single-judge. .The ADGP has also separately moved the Karnataka High Court seeking expunction of the oral remarks made by the Justice Sandesh during earlier hearings as well as quashing of an order passed by the High Court seeking his service records.He submitted that he was “deeply hurt” by the oral observations, which he claims caused a severe dent to his reputation.“The reputation built by the petitioner dur to years of hard work has suffered a severe dent due to the remarks made by the learned single judge,” it was submitted before the High Court.It was further contended that a reading of the transcript clearly showed that the judge had passed oral orders and remarks that were not warranted. Singh emphasised that since he had been appointed the ADGP of the ACB, he had been diligently discharging his duties with the utmost honesty..The controversy began on July 4, when Justice Sandesh divulged controversial details regarding threats of a transfer he received for monitoring certain cases being handled by the Bureau."Your ADGP so powerful (unclear). Some persons spoke to one of our High Court judges. That judge came and sat with me and he said giving an example of transferring of one of the judge to some other district. I will not hesitate to mention the name of the judge also! He came and sat by the side of me and there is a threat to this court," Justice Sandesh had said..[Read Order]