The Supreme Court on Monday stayed the directions of the Karnataka High Court's Justice HP Sandesh seeking closure reports filed by the State's Anti-Corruption Bureau and the service records of officers, including the ADGP, while taking up a bail plea in a bribery case.
A bench comprising Chief Justice NV Ramana and Justices Krishna Murari and Hima Kohli said the High Court judge, hearing the bail petition of an accused, made some "irrelevant observations" beyond the scope of the bail application.
The top court, however, refused to expunge the remarks and transfer the case to some other bench in the high court, saying it has to “balance the sides”.
"The proceedings before the Karnataka High Court, which are not linked with the proceedings with the accused, are stayed. We request the high court to consider the bail application of the accused. List it after three weeks,” the bench said.
Besides adverse oral observations, the HC judge had issued directions ranging from seeking reports on prosecution/closure of cases, probed by the ACB, since 2016 and summoning confidential service records of the Additional Director General of Police while considering the regular bail application of an accused, the apex court was told by Solicitor General Tushar Mehta, appearing for the State Government.
The top court was hearing as many as three petitions filed by the Karnataka Government, Seemanth Kumar Singh, ADGP of Anti-Corruption Bureau, and jailed officer J Manjunath against the adverse remarks of Justice Sandesh of the high court. The HC judge had orally called the ACB a "collection centre" and Singh a "tainted officer". Justice Sandesh had also claimed to have received a threat of transfer in his order after his adverse remarks and had widened the scope of hearing while considering the bail plea of one Mahesh in the case. Senior advocate Mukul Rohatgi, appearing for the ACB ADGP, sought expunction of adverse remarks. "Sorry, we have to balance the sides. We cannot be seen to be favouring one side", the CJI said while ordering notices on the pleas.