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Allegations against Raj HC acting CJ must be dealt with established institutional mechanism: CJI

LAW FINDER NEWS NETWORK |

New Delhi, Aug 26 Chief Justice of India Surya Kant on Wednesday said that Justice Sandeep Mehta's allegations against Acting Chief Justice of Rajasthan High Court Sanjeev Prakash Sharma cannot be adjudicated in public domain and the judge "must be given a fair opportunity" before any conclusion is reached.


Supreme Court judge Justice Sandeep Mehta, whose parent high court is also the Rajasthan High Court, levelled sensational allegations against Justice Sharma in his three letters to the CJI urging him to appoint a permanent chief justice from outside the state.


Justice Mehta, in his three letters dated August 2, 10 and 17, has accused the acting chief justice of the Rajasthan High Court of "maladministration", "malpractices", "nepotism" and "favouritism".


In a sharp response to the letters, CJI Kant, who is on a four-day official visit to Germany and the UK, said that he has already taken note of the concerns raised by Justice Mehta and stressed that the "allegations against a sitting judge must be dealt with strictly through the established institutional mechanism".


A press statement issued late evening 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 CJI said, "The fact that allegations have been made, therefore, cannot by itself be treated as a finding against the judge."


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.


He said any decision regarding the continuation, transfer or other administrative action concerning the acting chief justice (ACJ) would be taken by the competent institutional authority after due consideration of the material.


"The CJI also emphasised that the Supreme Court cannot allow individual complaints concerning judges to be determined through competing claims in the media," the statement said.


The CJI further said that he and the other members of the collegium are already working on the appointment of chief justices in the remaining high courts.


In his letters, Justice Mehta has alleged that Justice Sharma had misused his powers as master of the roster to selectively transfer cases to his own bench, including matters involving influential and wealthy litigants.


Justice Mehta was appointed a judge of the Rajasthan High Court in May 2011. He became Chief Justice of the Gauhati High Court in February 2023 and was elevated to the Supreme Court in November the same year.


Justice Sharma was appointed a judge of the Rajasthan High Court in November 2016 and transferred to the Patna High Court in January 2022.


His request for repatriation to Rajasthan on health grounds was not accepted by the Supreme Court Collegium in March 2023.


He was instead transferred to the Punjab and Haryana High Court. The Collegium subsequently recommended his repatriation to Rajasthan in May 2025.


Justice Sharma has been functioning as the ACJ for more than 10 months after Justice S Shriram, the Chief Justice of the Rajasthan High Court, demitted office in September 2025.


Justice Mehta had previously brought several such instances against Justice Sharma to the CJI's notice, including cases listed before other benches that were subsequently withdrawn and shifted to Justice Sharma's court "without any justifiable cause".


According to the letters, the CJI had initially asked him to provide details of such cases but later told him there was no need to put the allegations in writing and assured him that "suitable action" would be taken.


"However, till date, the request to have a Chief Justice from another state in my parent high court has met no positive response," Justice Mehta wrote in his August 2 letter.


He said he had also received complaints about Justice Sharma's judicial functioning which, in his assessment, "prima facie, raise doubts on his integrity".


In his August 10 letter, Justice Mehta cited two cases which he described as "living proof" of what he alleged were attempts by Justice Sharma to exercise his administrative and judicial powers in favour of influential parties before his retirement on September 26.


Giving instances, Justice Mehta said, "These instances manifest brazen misuse of powers by the Acting Chief Justice Mr S P Sharma in order to favour influential parties and smack of corruption."


Justice Mehta's August 17 letter raised further concerns about the administration of the Rajasthan High Court and the treatment of members of the subordinate judiciary.


Justice Mehta also raised concerns over the Jodhpur District Court (Metro) building, which he said had been operationally and functionally complete for about a year.


According to his letter, Justice Sharma put the inauguration of the building on hold during a visit and ordered wholesale changes to its infrastructure.


Justice Mehta said this had occurred despite several courts in the Jodhpur Metro judgeship continuing to operate from rented premises, describing the resulting institutional loss as "unpardonable".


The 40-court building was eventually inaugurated by CJI Surya Kant on August 15 after Justice Mehta and Supreme Court judge Justice Vijay Bishnoi requested him to do so, the letter said.

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