Chief Justice of India Surya Kant on Wednesday said allegations against a sitting judge must be addressed strictly through established institutional mechanisms, while responding to concerns raised by Supreme Court Justice Sandeep Mehta against Rajasthan High Court Acting Chief Justice Sanjeev Prakash Sharma.
Justice Mehta has written three separate letters to the CJI, alleging administrative irregularities and selective listing of cases during Justice Sharma's tenure as Acting Chief Justice.
CJI Kant, who is currently on a four-day visit to Germany and the United Kingdom, said the allegations could not be treated as established findings against Justice Sharma. He stressed that the judge must be given a fair opportunity to respond to the allegations.
"Any decision regarding the continuation, transfer or other administrative action concerning the acting Chief Justice would be taken by the competent institutional authority after due consideration of the material," Kant said.
The CJI also emphasised that complaints concerning judges cannot be decided through competing claims in the media. According to him, the contents of Justice Mehta's letters cannot be adjudicated in the public domain.
Kant said that he and other members of the Supreme Court Collegium had taken note of the concerns raised by Justice Mehta while simultaneously working on the appointment of chief justices to various High Courts following recent appointments.
"The fact that allegations have been made, therefore, cannot by itself be treated as a finding against the judge," the CJI said, adding that the matter was being examined at the appropriate level.
He further said the process would consider both the material submitted by Justice Mehta and the response of Justice Sharma before any decision is taken.
Justice Mehta has urged the CJI to urgently appoint a Chief Justice from another State to head the Rajasthan High Court. He has alleged that Justice Sharma manipulated case listings to favour wealthy litigants and cited several instances in support of his claims.
Justice Mehta has also accused Justice Sharma of misusing his administrative powers ahead of his retirement next month. The allegations, however, remain subject to consideration through the institutional process outlined by the CJI.
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