'Threatened' Karnataka HC judge: 'Will bell the cat even at cost of my judgeship'

During a hearing on Monday (July 4), Justice HP Sandesh of the Karnataka High Court said he was threatened indirectly with a transfer if he continues to look after the progress of investigations carried out by the Anti-Corruption Bureau (ACB) in a case where Bengaluru urban Deputy Commissioner is involved.

He also said he has no personal interest. “Corruption is cancer, I will bell the cat, even at the cost of my judgeship. It is my duty to protect the independence of the judiciary also”. His strong remarks made the ACB arrest Deputy Commissioner J Manjunath the same evening.

He was hearing the bail application filed by one of the accused PS Mahesh, a deputy tahsildar, who was arrested for allegedly accepting a bribe of ₹5 lakh to get a favourable order from the Bengaluru Urban Deputy Commissioner’s office in a land dispute case.

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Justice Sandesh made an oral observation in this case and told the advocate of ACB, “Your ADGP is so powerful. Some person spoke to one of our high court judges and the judge came and sat with me and he said giving an example of transferring one of the judges to some other district. I will not hesitate to mention the name of the judge also.”

After this incident, there have been demands made to strengthen the Lokayukta and dismantle the ACB.

Ravikrishna Reddy, a social activist and leader of Karnataka Rashtra Samiti (KRS), demanded ADGP Seemanth Kumar Singh be sent out of ACB and asked the government to replace him with an honest officer.

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He has also said in a statement that Singh is facing allegations such as supporting Bellary mining cases. “The High Court Judge HP Sandesh spoke about this ADGP,” Reddy said.

Reddy also asked the general public to give moral support to the High Court Judge in this regard.

Background

The bench consisting of Justice Sandesh in its order on June 29 directed the Special Counsel of ACB Manmohan PN to place the materials about the ACB investigation done in the case. ACB was also directed to produce records of the filing of B report and getting search warrants but not conducting the searches, though getting the warrants. The bench also ordered to submit a report regarding the closure reports filed by Anti-Corruption Bureau since it started.

Later, the counsel of ACB hesitated to produce the documents. Observing this, the judge told the ACB counsel that he faced the threat of transfer. In the post-lunch session, Advocate General Prabhuling K Navdagi appeared before the court and stated that the service records of the Additional Director General of Police (ADGP) and Superintendent of Police (SP) of ACB will be placed before the court.

He assured the court of the will to produce whatever was summoned by the court. Later, the court granted three days to produce the records and posted the hearing of the case to July 7.

In the order, the court said that it is conscious that the investigation is the domain of the investigation officer and certain things may require monitoring by the court in the public interest.

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The observations made by the judge were as follows:

“Why you have not arrested him (Deputy Commissioner, Bengaluru) that I am asking you (ACB). You people are protecting such people and not placing material before the court. I am concerned with public interest. You are here to protect the culprits or for the general public? You being an Advocate of ACB, which is constituted to prevent corruption, you are here to protect the people who are tainted at the helm of affairs or you are appointed as special counsel to prevent corruption or not?”

“Your ADGP is so powerful. Some person spoke to one of our High Court Judge, Judge came and sat with me and he says, giving an example of transferring of one of the judges to some other district. I will not hesitate to mention the name of the judge also…”

“I have no personal interest. Corruption is cancer, I will bell the cat, even at the cost of my judgeship. It is my duty to protect the independence of the judiciary also. I am not affiliated to any political party and also belong to the ideology of any political party. I am affiliated to the constituency only!”