JAIPUR: In a major development in the judicial row, retired acting chief justice of the Rajasthan High Court Sanjiv Prakash (SP) Sharma on Thursday rejected allegations that he misused his administrative authority.
The allegations were levelled by Supreme Court Justice Sandeep Mehta. Sharma, who retired on September 26, has described them as fabricated and driven by personal malice.
The controversy centres on four letters Mehta sent to the CJI in August, alleging misuse of powers, nepotism, roster manipulation and interference in an internal judicial inquiry.
According to an English daily, the fourth letter cited committee resolutions alleging that Sharma’s intervention had compromised an inquiry involving a judicial officer accused of displaying indecent pictures of a woman colleague. Mehta sought Sharma’s transfer and the appointment of another chief justice.
Speaking to the media, Sharma said he had written to Chief Justice of India Surya Kant seeking an opportunity to cross-examine Mehta over the allegations.
“Whatever Justice Mehta has said was a deliberate act of conspiracy. To my knowledge, not a single allegation made by him is true,” Sharma said.
Sharma suggested “professional jealousy” is what may have prompted the allegations noting that both were designated senior advocates in 2011. He also alleged that Mehta had worked against his appointment as chief justice.
Sharma denied pressuring judges by claiming proximity to the CJI, questioning how inviting or receiving him at official functions could establish such a relationship. He also alleged that Mehta had circulated correspondence described as confidential.
Rejecting allegations of selectively assigning cases to his bench, Sharma said roster allocation was within the chief justice’s administrative powers and could be changed in response to pendency or difficulties brought to the court’s attention.
Defending his hearing of the multi-crore Udaipur Development Authority case, Sharma said three judges had recused themselves, and the advocate general had requested that he hear the appeal. The matter remained part-heard, he said.
“This is a dangerous pattern. If the Supreme Court starts speaking in part-heard cases across India, it will lead to judicial indiscipline,” Sharma said.
He also accused Mehta of instigating lawyers’ protests, saying there had been no strike during the preceding 11.5 months of his tenure.
Sharma said he had abandoned plans to file a defamation suit, expressing faith in the judicial system. He sought institutional guidelines governing judges’ public comments about their colleagues and called for the abolition of the Collegium system.
Sharma stopped undertaking judicial work amid the controversy and retired on September 26. Justice Sanjay Kumar Agrawal subsequently took over as chief justice of the Rajasthan High Court.