NEW DELHI: In an unusual move, Senior Supreme Court judge Justice Sandeep Mehta -- by writing three letters to CJI Surya Kant -- has sought immediate replacement of Rajasthan High Court Acting Chief Justice Sanjeev Prakash Sharma, alleging misuse of office and gross maladministration.
Justice Mehta has written three letters to CJI Kant on August 2, 10 and 17, flagging what he called unbecoming conduct of Justice Sharma as head of the institution.
Justice Mehta flagged that Justice Sharma has been serving as Acting Chief Justice for ten months, which is unusually long.
In response, the CJI said, "He and the other members of the collegium are already working on the appointment of Chief Justices in the remaining High Courts. He has already taken note of the concerns raised in the letters written by Justice Sandeep Mehta, while stressing that allegations against a sitting judge must be dealt with strictly through the established institutional mechanism," the CJI said.
The CJI maintained that the contents of the letters cannot be adjudicated in the public domain and that the concerned judge must be given a fair opportunity to place his response before any conclusion is reached. The fact that allegations have been made, therefore, cannot by itself be treated as a finding against the judge.
The matter, the CJI added, is being examined at the appropriate level and the process will take into account the material placed by Justice Mehta as well as the response of Justice Sharma. 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.
The CJI also emphasised that the Supreme Court cannot allow individual complaints concerning judges to be determined through competing claims in the media.
Justice Mehta, who is from the Rajasthan High Court, said numerous judges of Rajasthan HC met him during his visits and expressed anguish over the behaviour of Justice Sharma. He alleged that Justice Sharma "frequently threatens his colleague judges of retributive action, including transfer, claiming his closeness with the Chief Justice of India."
Mehta became a judge of the Rajasthan High Court on May 30, 2011. He was transferred as Chief Justice of the Gauhati High Court in February 2023, before his elevation to the Supreme Court on November 9, 2023.
"There are innumerable instances of Justice Sharma exercising powers as the Acting Chief Justice in a manner unbecoming of the leader of the institution... I have received several complaints about the judicial functioning of Justice SP Sharma which, prima facie, raise doubts on his integrity," Justice Mehta wrote in his first letter.
The letters seek appointment of a Chief Justice from another High Court, stating that continued inaction is "wholly against the interest of the Institution."
In the August 10 letter, Justice Mehta also narrated certain instances of alleged favouritism to certain lawyers and misuse of roster.
In the August 17 letter, he reiterated the allegations of "gross maladministration" and "seriously questionable activities" and questioned why Justice Sharma, who retires on September 26, is being allowed to continue.
Justice Mehta also brought to the CJI's notice a complaint by sitting judge Justice Uma Shankar Vyas regarding vindictive conduct towards his wife, who is a senior district judiciary officer.
He alleged that Justice Sharma held up the inauguration of the new court building in Jodhpur on his "whims and caprices," causing unpardonable loss to the institution, as per Justice Vyas.