Acting Chief Justice Sanjeev Prakash Sharma of the Rajasthan High Court has voluntarily opted to cease holding court, a decision he communicated to the Supreme Court administration. This move was taken by Justice Sharma himself, in light of the ongoing controversy surrounding his continuance as the acting Chief Justice, and was not a consequence of any intervention or direction from the Supreme Court.
Sources familiar with the matter confirmed that Chief Justice of India (CJI) Surya Kant received a communication from Justice Sharma. The CJI was apprised of this communication after he concluded court proceedings and returned to his chambers on Monday. In his message, Justice Sharma explicitly conveyed his voluntary decision to step away from judicial duties due to the prevailing controversy.
Context of Controversy: Bar Protests and Allegations
This development unfolded amidst significant unrest at the Rajasthan High Court, where lawyers had initiated protests. The Rajasthan High Court Lawyers Association had announced a complete strike, effective until September 6, following an emergency general house meeting. The lawyers' demands centred on the divestment of Justice Sharma from his charge as acting Chief Justice and the immediate appointment of a permanent Chief Justice to the High Court.
The protests by the legal fraternity were triggered by serious allegations made by Supreme Court Justice Sandeep Mehta against Justice Sharma. Justice Mehta had previously written to CJI Surya Kant, alleging manipulation of case listings and misuse of administrative powers by Justice Sharma. These allegations became a focal point for the bar's agitation, intensifying the pressure on the acting Chief Justice.
Supreme Court's Response to Allegations and Collegium's Recommendation
In response to the allegations raised by Justice Sandeep Mehta, CJI Surya Kant had previously stated that the Supreme Court Collegium was actively examining the matter. The CJI affirmed that Justice Sharma would be afforded an opportunity to respond to the allegations before any definitive conclusion was reached by the Collegium. This process was underway when Justice Sharma made his voluntary decision to step down from judicial work.
Following these events, the Supreme Court Collegium, on Monday evening, recommended the appointment of Justice Sanjay K Agrawal of the Chhattisgarh High Court as the Chief Justice of the Rajasthan High Court. This recommendation is anticipated to address the immediate demands put forth by the Rajasthan High Court bar, potentially resolving the impasse created by the protests and the controversy surrounding the acting Chief Justice's tenure.
The voluntary decision by Justice Sharma and the subsequent recommendation by the Supreme Court Collegium mark a significant development in the administrative and judicial landscape of the Rajasthan High Court, aiming to restore stability and address the concerns raised by the legal community.