NEW DELHI: Responding to letters written by SC judge Sandeep Mehta complaining against Rajasthan high court acting chief justice (ACJ) Sanjeev Prakash Sharma and seeking his transfer outside the state, CJI Surya Kant Wednesday said he has sought the ACJ’s response.Justice Mehta wrote three letters in as many weeks pleading for the transfer of Justice Sharma, who is retiring Sept 26, and appointment of a regular chief justice. Justice Mehta also complained as to why CJI Kant had not acted on his fervent pleas.Justice Mehta, who also hails from Rajasthan HC, has accused Justice Sharma of lacking in leadership qualities and alleged there was maladministration and malpractice on both judicial and administrative sides of HC.CJI Kant told TOI that the matter can be resolved only as per the established mechanism. “The Supreme Court cannot allow individual complaints concerning judges to be determined through competing claims in the media,” he said. He also released a public statement Wednesday decrying the attempt to hold a public trial over allegations made by one judge against another.
Judge must get fair chance to respond: CJI Surya Kant
Contents of the letters cannot be adjudicated in public domain and that judge concerned must be given a fair opportunity to place 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,” CJI Surya Kant’s statement said.The established mechanism for inquiring into allegations of an Supreme Court or High Court judge is the constitution of an in-house committee — comprising judges — by the Chief Justice of India, if he finds the response of the judge accused of misdemeanour or corrupt practices unsatisfactory and feels the charges are serious enough to warrant a deeper probe.
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CJI Kant, who is on a three-day official visit to Germany, also told TOI that he has already sought a response from Justice Sharma following the letters from Justice Mehta, who has alleged that there is “clear evidence of favouritism” by Justice Sharma. Justice Mehta’s complaints are being examined, CJI Surya Kant said.
