Controversy in Karnataka High Court. Need for corrective measures.

B.V.Acharya, Senior Advocate and former Advocate General.

Of late, the High Court of Karnataka is in the news at National level for wrong reasons. First, a Judge of the High Court while hearing an application for bail in a corruption case on 29:6:2022 castigated the Anti Corruption Bureau (AAB) for its inaction to catch people in high position and in filing cases only against public servants at a lower level. Further he angrily commented that ACB has been constituted not to eradicate corruption but to protect corrupt people, ACB itself has become a den of corruption, deliberately Government is posting corrupt and dishonest officers to the ACB, ACB office has become collection centre etc.

Couple of days later when the same case came up for hearing on the 4th July 2022, the learned Judge in open Court remarked that he has received transfer threats for his previous remarks on functioning of ACB, that he will not be cowed down by such threats and that he will fight to protect the independence of the judiciary at the cost of his judgeship.

The Judge further added that someone has spoken to his brother Judge who mentioned to him an instance of another Judge being transferred, this is a threat of transfer aimed at him. He also states that he will not hesitate to name the Judge who gave the information. (However he did not name the Judge for reasons not known). These proceedings are recorded.

Next day Rahul Gandhi stated as follows in Twitter.
“High Court Judge has been threatened for exposing BJPs corrupt government in Karnataka. Institutions after institutions is being bulldozed by BJP…”

To my knowledge, the Judge has not referred to BJP Government in Karnataka. If Rahul Gandhi has misquoted the judge, it is for the latter to take action in the matter. (I am reminded of an instance where Rahul Gandhi attributed an insinuation against Prime Minister as a “chor” and on action by Supreme Court Rahul Gandhi tendered unconditional apology.)

Today, news papers have reported that the Advocates Association Bangalore (AAB) has decided to write a letter to the Chief Justice of India demanding an in house probe into the “threat” to the High Court Judge. This is a welcome step. However this probe shall be a comprehensive one including the conduct of the Judge complaining both on 29:6:2022 and on 4:7:2022 when the case was heard and various comments and observations were made by him in open court.

However I feel the association has taken a hasty decision to say that “Justice Sandesh by his bold judgeship…AAB stands by him in its efforts to correct the system”. The said correction should include the Judge also.

Following are some important aspects which require deep consideration by the Bar/Bench and the general public on the entire episode.

1. Assuming everything stated by the learned judge is correct, was he justified in making lengthy statement in open court on 4 July 2022 complaining about threat of transfer, meeting by brother judge, independence of judiciary etc without furnishing such information to the chief of the High Court or the Chief Justice of India which is the head of the judiciary in the country.?

2. Should not such complaint have been made in a confidential manner so as to enable CJI to take appropriate action such as in-house probe etc as enunciated by the Rules instead of straightaway making this complaint before the public in open court enabling political parties to take undue advantage?.

3. What is object of such utterances by the judge in open court and what he wanted to achieve.?

4. Did he want a certificate from the public about his honesty and integrity which none has questioned?

5. Was the Judge justified in making sweeping comments in open court that ACB office is den of corruption …etc.?

6. Has he not brought down the image of the high court as an institution by such public statement?

7. Was the Judge justified in passing adverse remarks on the law officer representing the ACB.? Can an Advocate be reprimanded for any wrong done by the client? Can law officer be accused of protecting the corrupt?

8. Here the question of dignity and independence of the Bar is involved. AAB without considering these aspects says that it stands by the Judge.

9. While considering bail application of one accused, can the court direct production of records relating to B reports submitted by ACB right from 2016 till today.? Are these documents relevant to decide the bail application?

That he is a person of honesty and integrity result in an insinuation that the other judges are not?
I appeal to the AAB to consider the above aspects before submitting any memorandum to the Chief Justice of India.