Karnataka High Court
Ramesh Naik. L vs State Of Karnataka on 25 July, 2022
Author: Alok Aradhe
Bench: Alok Aradhe
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF JULY 2022
PRESENT
THE HON'BLE MR. ALOK ARADHE
ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE S. VISHWAJITH SHETTY
W.P. NO.14266 OF 2022 (GM-RES-PIL)
BETWEEN:
RAMESH NAIK .L
S/O LATE LAKSHMAN NAIK R
AGED ABOUT 40 YEARS
KADARANAHALLI THANDYA
URDIGERE HOBLI
TUMKUR TALUK AND DISTRICT 572140
ADVOCATE BY PROFESSION
AADHAR 755392714477
MOBILE NO. 9538631572
E-MAIL [email protected]
PAN ACFPL5708F.
... PETITIONER
(BY MR. RAMESH NAIK L, PARTY-IN-PERSON)
AND:
1. STATE OF KARNATAKA
REP BY CHIEF SECRETARY
GOVERNMENT OF KARNATAKA
ROOM NO.320, 3rd FLOOR
VIDHANA SOUDHA
BENGALURU 560001.
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2. REGISTRAR GENERAL
HIGH COURT OF KARNATAKA
HIGH COURT BUILDING
OPP. TO VIDHANA SOUDHA
AMBEDKAR VEEDHI
BENGALURU 560001.
... RESPONDENTS
(BY MR. VIJAY KUMAR A. PATIL, AGA FOR R1
HCLC SERVED)
---
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO ISSUE APPROPRIATE
WRIT/DIRECTION/ORDER TO THE RESPONDENT NO.1 TO
PROVIDE ADEQUATE SECURITY (Y, Y+, Z, Z+ WHATEVER IS
SUITABLE) TO HIS LORDSHIP JUSTICE HON'BLE H P
SANDESH OF HIGH COURT OF KARNATAKA IN THE LARGER
PUBLIC INTEREST AND INDEPENDENCE OF THE JUDICIARY.
ISSUE APPROPRIATE WRIT/DIRECTION/ORDER TO THE
RESPONDENTS NO.1 AND NO.2 TO CONSTITUTE A SPECIAL
INVESTIGATION TEAM (SIT) UNDER THE SUPERVISION OF
THIS HON'BLE HIGH COURT TO INVESTIGATE THE
ALLEGATION OF THREAT OF TRANSFER TO HIS LORDSHIP
JUSTICE HON'BLE H P SANDESH AND PROCEED FURTHER
ACCORDING TO THE LAW. PASS SUCH OTHER ORDER OR
ORDERS.
THIS W.P. COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ACTING CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
The petitioner is an Advocate by avocation. He claims to be a social activist and claims to be associated with couple of Non Profit organizations based in Tumkur. The 3 petitioner in this petition filed as Public Interest Litigation seeks a direction to Government of Karnataka to provide adequate security to Mr.Justice H.P.Sandesh, a Judge of this court. In addition, the petitioner also seeks a direction to the Government of Karnataka to constitute a Special Investigation Team under the supervision of this court to investigate the allegation of threat of transfer extended to Mr.Justice H.P.Sandesh.
2. The petitioner who has appeared in person submits that he has submitted an email on 05.07.2022 to take necessary steps to provide (Y, Y+, Z, Z+) security to Mr.Justice H.P.Sandesh. He further submits that though a Judge of a High Court can be transferred under Article 222 of the Constitution of India, yet a Special Investigation Team be constituted to enquire into the alleged threat of transfer extended to Mr.Justice H.P.Sandesh.
3. We have considered the submission made on both sides and have carefully perused the averments in the writ petition as well as in email dated 05.07.2022. No factual foundation has been laid either in the pleading or in 4 the email dated 05.07.2022 with regard to any threat perception to Mr.Justice H.P.Sandesh. It has also not been stated that the existing security provided to him is inadequate. The State Government in any case, is under an obligation to provide adequate security to the Judges of the Court. Therefore, we do not find any merit in the prayer to provide (Y, Y+, Z, Z+) security, especially in the absence of any stand taken by the petitioner that existing security provided to Mr.Justice H.P.Sandesh is inadequate.
4. The other relief claimed in the writ petition is for a constitution of Special Investigation Team to investigate the allegation of threat of transfer. Article 222 of the Constitution of India provides for transfer of one High Court Judge to another in the manner prescribed therein. As per the averments made in the petition, Mr.Justice H.P.Sandesh disclosed about threat of transfer on 04.07.2022, which is also recorded in the order sheet dated 11.07.2022, in a proceeding for grant of bail under Section 439 of Code of Criminal Procedure viz., CRP No.4909/22 (Mahesh P.S. vs. State of Karnataka).
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5. It is pertinent to note that against the order dated 07.07.2012 passed in the aforesaid criminal petition, Special Leave Petitions were preferred by the Anti Corruption Bureau, one J.Manjunath and one Seemant Kumar Singh (Crl. Dairy Nos.20631/22, 21350/22 and 20525/22). In the aforesaid SLPs, the Hon'ble Supreme Court by an order dated 18.07.2022 in para 3 & 4 has held as under:
3. The High Court of Karnataka has made various observations in the order dated 07.07.2022, which is impugned in all the three petitions before this court, and the order dated 11.07.2022, in Crl.P.No.4909 of 2022, which cannot be said to be within the ambit of bail proceedings. The observations made and the directions passed, relating to the service record of the petitioner in SLP (Crl.)... D.No.20525 of 2022, 'B' reports in all cases filed by the ACB from 2016 onwards, the alleged involvement of the petitioner in SLP (Crl.) D.No.21350 of 2022, and the enthusiasm (or lack thereof) of the ACB officers are either irrelevant or detrimental to the fair trial of the accused in the present case.6
4. At the same time, valuable rights of the accused who seeks enlargement o bail under Section 439 Cr.P.C., should not be adversely affected. Keeping in mind the above, we are of the opinion that, in the interim proceedings in Crl.P.No.4999 of 2022 pending before the High Court of Karnataka, not linked to the pleadings of the accused - original petitioner for bail, be stayed. We request the High Court to continue hearing and dispose of the bail application of the said accused, expeditiously, without reference to the pendency of the present Special Leave petitions before this court.
From perusal of the aforesaid order passed by the Supreme Court, it is evident that the subject matter of the second relief as calimed in the petition is subjudice before Hon'ble Supreme Court in the aforesaid SLPs. Therefore, the same cannot be dealt with in this writ petition.
7. It is also pertinent to note that in pursuance of a request made by Hon'ble Supreme Court to decide the criminal petition for grant of bail, learned Single Judge (Mr.Justice H.P.Sandesh) by an order dated 21.07.2022 has dismissed the petition for grant of bail as not pressed, in 7 view of default bail being granted to the petitioner of the said petition.
We therefore, do not find any merit in this petition, the same is hereby dismissed.
Sd/-
ACTING CHIEF JUSTICE Sd/-
JUDGE SS