Thursday, October 1


Former Acting chief justice of the Rajasthan high court Justice SP Sharma

Jaipur: Justice Sanjeev Prakash Sharma, who retired from Rajasthan High Court as its acting Chief Justice on Sept 26, has called for standard operating procedures for Supreme Court and high court judges to lay down clear institutional guidelines on how judges should conduct themselves while commenting on or dealing with matters concerning fellow judges.“There are several judgments in this regard. The time has now come to frame SOPs,” Sharma told TOI on Thursday.Sharma said such guidelines were necessary to ensure judicial discipline and to prevent his experience from becoming a precedent for interference in the functioning of a high court.“I am saying this because whatever has been done to me should not be repeated again. If it becomes a precedent, then next time a Supreme Court judge might interfere in the affairs of his native state high court and its proceedings,” he said.He said every member of the legal and judicial fraternity had a responsibility to preserve the dignity of the institution and maintain public confidence in it.“Everyone has a responsibility to maintain the highest esteem of the judiciary. The faith of the people in the judiciary should not be weakened in this manner. We have to demonstrate the utmost discipline,” Sharma said.He also expressed concern over what he described as caste-oriented attitudes within the legal fraternity.“I am very sorry to notice if a judge or lawyer gets a caste-oriented attitude,” Sharma said.His remarks come against the backdrop of an unusual institutional episode involving Sharma and Supreme Court Justice Sandeep Mehta. Justice Mehta, a former Rajasthan High Court judge, wrote to Chief Justice of India, Justice Surya Kant, in Aug raising concerns over Sharma’s functioning as acting Chief Justice of Rajasthan High Court and seeking his transfer. In his letters, Mehta alleged misuse of administrative powers and manipulation of case listings. The allegations have not, by themselves, been established as judicial findings.Sharma said he expected clarity even after retirement on the allegations levelled against him in the public domain.“Of course, even after retirement, I expect whatever allegations were levelled against me in the public domain, there should be clarity on that. Of course, CJI Surya Kant had said that it is all confidential, though,” he said.Sharma said he had placed his responses on record and had sought cross-examination of Justice Mehta over the allegations he said had been made against him.“I really can’t do all that he has done. I have posted all my replies and have also demanded a cross-examination with Justice Sandeep Mehta on the allegations he has levelled against me,” Sharma said.He said the episode had affected both his reputation and the image of the judiciary.“This episode has tarnished my image and also put a dent on the judiciary. It should be stopped. If not stopped, any Supreme Court judge will sit and interfere in the functioning of the high court of his native state,” he said.Sharma said he was awaiting a response from the apex court.



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