6 days ago
CJI Surya Kant Urges Due Process in Rajasthan Controversy
A dispute has arisen about how a senior judge at the Rajasthan High Court is running the court.
Justice Sandeep Mehta sent letters alleging problems and irregularities involving Acting Chief Justice Sanjeev Prakash Sharma.
Chief Justice of India Surya Kant said these allegations are not automatically proof.
He said Justice Sharma should have a fair chance to answer them.
The Supreme Court collegium is examining the concerns.
Officials will consider both Justice Mehta’s material and Justice Sharma’s response.
They may then decide whether Justice Sharma should continue, be transferred or face another administrative action.
The CJI said complaints against senior judges must be handled according to due process and the rule of law.
CJI Surya Kant said the Supreme Court collegium has noted concerns about Rajasthan High Court Acting Chief Justice Sanjeev Prakash Sharma.
The controversy followed letters from Supreme Court Justice Sandeep Mehta alleging maladministration and irregularities by Justice Sharma.
Kant said allegations alone cannot be treated as findings against a judge.
He said Justice Sharma must receive a fair opportunity to respond before conclusions are reached.
The competent institutional authority will consider relevant material when deciding Justice Sharma’s continuation, transfer or other administrative action.
- Who
- Chief Justice of India Surya Kant, Justice Sandeep Mehta and Rajasthan High Court Acting Chief Justice Sanjeev Prakash Sharma.
- What
- The Supreme Court collegium is examining allegations of maladministration and irregularities concerning Justice Sharma’s functioning.
- Where
- The matter concerns the Rajasthan High Court and is being considered at the Supreme Court collegium level.
- When
- The comments were made on Wednesday; the article does not provide an exact date.
- Why
- To assess the complaints and determine any appropriate action regarding Justice Sharma’s continuation, transfer or other administrative status.
Concerns and allegations
Due process and response
Meaning of Justice Mehta’s letters
Concerns and allegations
Justice Sandeep Mehta’s letters accuse Justice Sharma of maladministration and irregularities, raising concerns about his functioning.
Due process and response
The CJI said the existence of allegations does not itself establish wrongdoing or constitute a finding against Justice Sharma.
How the matter should proceed
Concerns and allegations
The complaints and submitted material require examination by the appropriate authority.
Due process and response
Justice Sharma must be given a fair opportunity to respond, and any decision must follow the rule of law and due process.
Potential administrative action
Concerns and allegations
The concerns could affect consideration of Justice Sharma’s position as acting chief justice.
Due process and response
Any decision on continuation, transfer or other action should be based on all relevant material, including Justice Sharma’s response.
Key facts
- Person at issue
- Sanjeev Prakash Sharma, Acting Chief Justice of the Rajasthan High Court.
- Complaints
- Justice Sandeep Mehta wrote letters alleging maladministration and irregularities.
- CJI’s position
- Allegations alone cannot be treated as findings against a judge.
- Required process
- Justice Sharma should receive a fair opportunity to respond.
- Reviewing body
- The Supreme Court collegium is examining the concerns.
- Material considered
- The process will consider Justice Mehta’s submitted material and Justice Sharma’s response.
- Possible outcomes
- Continuation, transfer or another administrative action may be considered.
Quotes
Surya Kant
Chief Justice of India commenting on due process in complaints against higher judiciary members
“The fact that allegations have been made cannot by itself be treated as a finding against the judge.”
thehansindia.com
Sources
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