CJI Surya Kant says allegations against sitting judge must follow established institutional mechanism
New Delhi, August 26
Chief Justice of India Justice Surya Kant on Wednesday said that the concerns raised by Justice Sandeep Mehta in his letters regarding allegations against a sitting judge would have to be examined through the established institutional mechanism.
Supreme Court judge Justice Sandeep Mehta has written a series of letters to the CJI, raising grave allegations against Justice Sanjeev Prakash Sharma, the Acting Chief Justice of the Rajasthan High Court, and seeking his immediate replacement.
The CJI, in a press statement, said that 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 statement 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 statement further said.
The matter, he 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," it added.
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 was elevated to the Supreme Court from the Rajasthan High Court, has written three letters to the Chief Justice of India on August 2, 10 and 17, urging the appointment of a permanent Chief Justice from another High Court.
In his communications, Justice Mehta repeatedly raised concerns over the prolonged delay in making the appointment and cautioned that allowing the situation to continue would be "wholly against the interest of the Institution."
Justice Mehta observed that Justice Sharma has continued as Acting Chief Justice for nearly ten months, describing the tenure as unusually prolonged.
Justice Sharma was elevated to the Rajasthan High Court in November 2016 and subsequently transferred to the Patna High Court in 2022. Referring to his judicial career, Justice Mehta noted that the Supreme Court Collegium had, in March 2023, declined his request to be transferred back to the Rajasthan High Court on health grounds.
Instead, the Collegium had recommended his transfer to the Punjab and Haryana High Court. In May 2026, the Supreme Court Collegium approved Justice Sharma's repatriation to the Rajasthan High Court.
— ANI
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