Breaking: 'Transfer Threat' Case - Supreme Court Stays All Proceedings Before Karanataka Judge, Directs Expeditious Hearing Of Bail Plea

The Supreme Court today stayed all further proceedings with respect to the issues that are not linked to the bail application, that are being considered by the Karnataka High Court Judge who recorded in his order that he received a threat of transfer.

The Bench comprising of Chief Justice N. V. Ramana, Justice Krishna Murari and Justice Hima Kohli said that the Court is staying all further proceedings about asking for service records etc. It is irrelevant to the bail application. The judge can proceed with the bail application without reference to these matters, the Bench said.

Solicitor General Tushar Mehta told the Court that "The matter has been kept today by the single judge".

Senior Advocate Mukul Rohatgi appearing for the ADGP said that "the order makes rather unsavoury reading. My suggestion is this, I am an ADGP, I have nothing to do with the petition pending. We have been roped in for no reason".

Senior Advocate Nagamuthu appearing for another officer prayed that his bail application be condidered by a different Bench of the High Court.   

Rather than considering the bail application, the Judge focused on other elements which may not be relevant and are beyond the sope of the bail application, the Bench said.

The Bench said that the observation and directions regarding service details are irrelevant or determinantal to the rights of the bail applicant. The Bench directed the High Court to proceed with the hearing of the bail application expeditiously.

When Mukul Rohatgi sought expunging of the remarks against the ADGP, the Bench said, "Whether it is true or not is a different matter. We don't want to create an impression that we are protecting one side".    

The Court had on the previous hearing requested the Karnataka High Court Judge to defer the hearing of the case before it. The Court had ordered, "taking into consideration this senario, we request the learned Judge to defer the hearing for a period of three days to enable us to look at the order passed on July 11." While passing the order the bench had observed that the bail applicant before the High Court has suffered on account of what transpired.

The matter was earlier mentioned before the Bench by Solicitor General Tushar Mehta for urgent listing. The Chief Justice, upon the mentioning, remarked, "What is this threatening judges with transfer and all?"

The Solicitor General apprised the Court that there have been reports in the media about the remarks of the judge of the High Court. The Court then agreed to hear the matter.

Karnataka High Court Judge, Justice H.P. Sandesh had made a claim that one of the judges of the High Court had indirectly threatened him of transfer for passing orders against the head of the Anti Corruption Bureau of the state and the judge had recorded the same in his order. The Supreme Court had adjourned the case on the last occasion since the said order of the Karnataka High Court was not made available before the Court.

A petition has been filed in the Karnataka High Court seeking a probe by a special investigation team (SIT) into the 'transfer threat' received by its judge Justice H P Sandesh.