‘Gross maladministration’: SC Judge seeks replacement of Rajasthan HC Acting Chief Justice

Supreme Court judge Justice Sandeep Mehta has written to Chief Justice of India Surya Kant seeking immediate replacement of Acting Chief Justice of the Rajasthan High Court Justice Sanjeev Prakash Sharma, accusing him of “gross maladministration” and “seriously questionable activities”.

Calls for Rajasthan HC leadership change

Justice Mehta, who was elevated to the Supreme Court from the Rajasthan High Court, had written multiple letters to the CJI in this regard, repeatedly urging him to appoint another Chief Justice to the Rajasthan High Court from another High Court.

Sounding a note of caution, Justice Mehta stated that failure to act in this regard would be wholly against the interest of the Institution,” reported Live Law.

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"There are innumerable instances of Mr. Justice Sharma, exercising powers as the Acting Chief Justice in a manner unbecoming of the leader of the institution... I have received several complaints about the judicial functioning of Mr. Justice S.P. Sharma which, prima facie, raise doubts on his integrity,” stated Justice Mehta in his very first letter to the CJI.

Allegations of threats and complaints

Elaborating further, the Supreme Court judge stated that during his visit to the Rajasthan High Court, several judges have expressed displeasure at the behaviour of Justice Sharma, whom they accused of threatening his fellow judges with retributive action, claiming closeness with the CJI.

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“Numerous Judges of Rajasthan High Court have met me and expressed their anguish at the behaviour of Mr. Justice SP Sharma, who frequently threatens his colleague judges of retributive action including transfer claiming his closeness with Hon'ble the Chief Justice of India,” stated Justice Mehta.

Justice Mehta, in another letter to the CJI dated August 10, referred to particular instances of alleged favouritism by Justice Sharma to certain lawyers and misuse of his roster powers.

The Supreme Court judge in his letter to the CJI on August 17 asked why Justice Sharma was being allowed to continue in his post. Justice Sharma is scheduled to retire on September 26.

Justice Mehta further stated that Justice Sharma had been serving as the Acting Chief Justice of the Rajasthan High Court for an unusually long term of 10 months.

‘Why such a long rope’

"It is beyond comprehension as to why such a long rope has been given to Mr. Justice S.P. Sharma inspite of the specific noting in the transfer recommendation dated 28th March, 2023," stated Justice Mehta in his letter to the CJI.

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"It is a matter of grave concern that inspite of such vindictive approach, Mr. Justice S.P. Sharma is still continuing at the helm of affairs in the High Court," he wrote in the letter to the CJI on August 17.

"It is thus my earnest request that the Supreme Court Collegium should meet at the earliest and ensure that a regular Chief Justice is appointed in the Rajasthan High Court and Mr. Justice S.P. Sharma is forthwith transferred out of the State looking to his unbecoming conduct," added Justice Mehta.