SC Judge Mehta Alleges ‘Misuse Of Powers’ By Rajasthan HC Acting CJ
Justice Mehta seeks Justice S P Sharma’s transfer, citing complaints over his judicial functioning and alleged conduct.
Supreme Court judge Justice Sandeep Mehta has written to Chief Justice of India Surya Kant seeking the transfer of Rajasthan High Court Acting Chief Justice S P Sharma to another High Court, alleging misuse of powers and raising questions over his judicial functioning.
Justice Mehta, who hails from Rajasthan, made the request in three letters sent earlier this month to the CJI and other members of the Supreme Court Collegium. He urged that a new Chief Justice from another High Court be appointed to Rajasthan.
Justice Mehta said he had received several complaints about Sharma's judicial functioning which, according to him, “prima facie, raise doubts on his integrity”. He urged that Sharma be transferred “forthwith” from the state, citing what he described as his “unbecoming conduct”.
In his second letter, dated August 10, Justice Mehta cited two specific instances that he described as “living proof” of what he alleged were Sharma's attempts to “hit longer sixes” before his retirement on September 26.
The first matter involved a batch of appeals concerning what Justice Mehta described as “priceless lands” in Udaipur. He alleged that the cases were shifted to a bench headed by Justice Sharma in Jaipur, despite Sharma having earlier held that matters falling under the jurisdiction of the principal seat at Jodhpur should be heard there.
Justice Mehta also referred to senior advocate Kamlakar Sharma, who was appearing for one of the parties. He alleged that Justice Sharma was “espousing the elevation” of the senior advocate's daughter-in-law as a judge of the Rajasthan High Court.
The second matter cited involved mining magnate Meghraj Singh, who had challenged an order passed by a single judge exercising criminal jurisdiction.
Justice Mehta said the order under challenge had been passed under Section 482 of the Code of Criminal Procedure and, therefore, no special appeal could be maintained against it. He alleged that the Registry was nevertheless “manipulated” to register the matter as a Special Appeal Writ and list it before the bench headed by Justice Sharma.
According to Justice Mehta, the bench condoned a delay of 457 days on the first day of hearing and stayed a direction contained in the single judge's order.
Justice Mehta said that not transferring Sharma would be “wholly against the interest of the institution” and called for his immediate transfer out of Rajasthan.
The allegations are contained in Justice Mehta's letters to the CJI and Collegium members and represent his stated concerns; they do not by themselves establish any wrongdoing by Justice Sharma.
