Chief Justice of India Surya Kant said on Wednesday that he and other senior judges of the Supreme Court collegium have taken note of the concerns raised by the top court’s Justice Sanjeep Mehta but stressed that allegations against a sitting judge had to be dealt with strictly through the established institutional mechanism.
CJI Kant’s statement comes amid the controversy triggered by Supreme Court judge Justice Sandeep Mehta’s letters alleging maladministration and other serious irregularities by Rajasthan High Court acting chief justice Sanjeev Prakash Sharma. Justice Mehta, who himself hails from the Rajasthan High Court, contended that Justice Sharma had been selectively withdrawing cases from other benches and shifting them to his own court.
In three successive letters to CJI Kant, Justice Mehta urged the Supreme Court collegium to appoint a chief justice from another high court to Rajasthan “with immediate effect”, warning that continued inaction was causing serious damage to the institution and that it was imperative “to save the Institution from further carnage”. “The fact that allegations have been made cannot by itself be treated as a finding against the judge,” the CJI said, emphasising the need for due process in dealing with complaints against members of the higher judiciary. In his August 2 letter, the top court judge said he had earlier brought several such instances to the CJI’s notice and was initially asked to provide a list of cases, but was subsequently told that there was no need to put the allegations in writing and that “suitable action” would be taken. “However, till date, the request to have a chief justice from another state in my parent high court has met no positive response,” Justice Mehta wrote.
