Thread by @barandbench

The Supreme Court is hearing a plea by ADGP Seemanth Kumar Singh challenging an order passed by Justice HP Sandesh of Karnataka High Court on July 7 while hearing a bail petition last week.

#SupremeCourt #KarnatakaHighCourt

CJI NV Ramana: the judge has passed a speaking order

SG Tushar Mehta: Even after a mention was entertained by this court. Even then the court proceeded.

CJI: the matter is listen when?

SG: Tomorrow. This could have been avoided

CJI: let the High court proceed and pass orders. What is the case please tell.

SG: somebody applied for regular bail. He could have been granted or refused bail. The judge went on to observe that dept is not working properly and sought details of de summary report since 2016

SG: now there is a direction to conduct an investigation against the dept..

CJI: Has the bail been decided (smiles)

SG: It is pending

CJI: we will request the judge to defer the hearing for 2 days. Let us read the orders

SG: Any judge can pass any order. The jurisdiction was to deny or accept a bail plea. If it's a PIL then it has to be assigned to a PIL bench

CJI: Is it a PIL now?

SG: No

SG: please stay the proceeding in HC for a few days

SC: We will request the HC to defer hearing for a few days

CJI: Why is it an appeal?

ADGP S Jain: My ACRs have been read in open court. Strictures passed against me without hearing me. There has been a direction to even consider if i am fit to hold position

CJI: What happened to the accused who sought bail ? How can you make accused as a party. You should have made the HC Registrar as the party

SG: On my oral request please allow us to implead registrar as a respondent party

CJI: Main grievance is that the accused in an anti-corruption case had moved court for bail. The learner judge has passed some observations and recorded something in writing in relation to petitioner who was not a party to the case

CJI: several observations were made in relation to the petitioner. The judge also directed the ACB special counsel to produce de summary reports of cases from 2016 onwards

CJI: It is noted that even though our court had listed the matter today, the judge directed hearing of matter tomorrow and has also passed certain speaking orders. Taking into consideration this, we think it is fit to request the learned judge to defer the hearing for 3 days

CJI: This period will allow us to peruse the order passed by the judge on July 11. List it on Thursday.
#SupremeCourt