CJI Surya Kant Calls For Due Process Amid Rajasthan HC Chief Justice Controversy

Chief Justice of India Surya Kant on Wednesday said the Supreme Court collegium has taken note of concerns raised over the functioning of Rajasthan High Court Acting Chief Justice Sanjeev Prakash Sharma.

The Supreme Court collegium has been aware of the apprehensions about the working of the Rajasthan High Court Acting Chief Justice Sanjeev Prakash Sharma, Chief Justice of India Surya Kant said on Wednesday.

The controversy started after Supreme Court judge Justice Sandeep Mehta wrote letters accusing Justice Sharma of maladministration and irregularities.

“The fact that allegations have been made cannot by itself be treated as a finding against the judge,” CJI Kant said. The remarks came from CJI while emphasising the need for due process in dealing with complaints against members of the higher judiciary.

Justice Sharma should be given fair opportunity to react before any conclusions are drawn, he said. It cannot be presumed that the finding against the judge is based merely on the allegations that are made.

The CJI pointed out that the rule of law has to be followed in complaints against the top judiciary.

CJI Kant says that the issue is being looked at at an appropriate level. The process will take into account the material that Justice Mehta has submitted and the response from Justice Sharma.

Collegium examining appointments

The CJI also said the Supreme Court collegium was already on the job to appoint chief justices for the remaining high courts.

CJI Kant said that the competent institutional authority will make a decision based on all the relevant material with regards to Justice Sharma’s continuation, transfer or other administrative action.

The CJI’s comments come at a time when the case has been in news and the Supreme Court said it would not be resolved through an institutional process, but through the public.