At the same time as Rajasthan Excessive Courtroom performing chief justice Sanjeev Prakash Sharma has publicly rejected allegations of corruption, nepotism and misuse of administrative powers levelled towards him by Supreme Courtroom decide Justice Sandeep Mehta, the Supreme Courtroom collegium has chosen a decide junior to him for elevation as chief justice of one other excessive court docket — a choice that assumes significance as Justice Sharma is simply 23 days away from retirement.
The collegium on August 31 beneficial Rajasthan Excessive Courtroom decide Justice Pushpendra Singh Bhati because the chief justice of the Jammu & Kashmir and Ladakh Excessive Courtroom, whereas individually recommending Chhattisgarh Excessive Courtroom decide Justice Sanjay Kumar Agrawal as the following chief justice of Rajasthan.
The suggestions got here even because the institutional course of on the allegations towards Justice Sharma remains to be underway. Chief Justice of India Surya Kant has made clear that the allegations can not by themselves be handled as findings towards him.
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The seniority equation
The importance of Justice Bhati’s elevation lies partly within the seniority equation. Justice Sharma and Justice Bhati have been appointed further judges of the Rajasthan Excessive Courtroom on the identical day — November 16, 2016, however Justice Sharma was positioned forward of Bhati within the authentic order of seniority. Each have been subsequently made everlasting judges with impact from March 16, 2018.
Justice Sharma, born in September 1964, is because of retire on September 26, leaving him with barely three weeks in workplace. Justice Bhati, born in September 1970, has greater than six years remaining on the bench and is because of retire in September 2032.
Thus, whereas the collegium’s advice of Bhati as chief justice of the Jammu & Kashmir and Ladakh Excessive Courtroom is just not, by itself, a discovering on any of the allegations towards Justice Sharma, it has the impact of passing over a senior decide who had been forward of Justice Bhati within the Rajasthan Excessive Courtroom’s seniority listing and was serving as its performing chief justice.
The event comes days after Justice Mehta wrote three letters to CJI Kant — on August 2, 10 and 17, urging {that a} common chief justice from one other excessive court docket be appointed to Rajasthan and that Justice Sharma be transferred out of the state.
In his letters, Justice Mehta accused Justice Sharma of “corruption”, “nepotism” and “favouritism”, in addition to alleging that he misused his powers as grasp of the roster by selectively shifting circumstances to his personal bench and favouring “wealthy and influential” litigants. He additionally questioned a sequence of administrative choices in regards to the excessive court docket’s Jodhpur principal seat, designation of senior advocates and a three-day convention in Jaipur.
Justice Sharma responds
In his first public response to the controversy, Justice Sharma has now rejected the allegations as “unfounded, false and factless”, saying he has submitted his response together with proof to the CJI.
Justice Sharma stated “latest developments within the media and social media” prompted him to challenge the assertion, including that the allegations had been made out of “animosity”. He appealed to the media, legal professionals and others to attend for the CJI’s determination and stated he would current his facet publicly on the acceptable time, topic to the CJI’s approval.
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The response comes towards the backdrop of CJI Kant’s categorical assertion final week that the matter was being examined via the suitable institutional mechanism and that Justice Sharma must be given a good alternative to reply.
That place makes the collegium’s newest suggestions significantly important — not as a result of they set up the reality or in any other case of Justice Mehta’s allegations, however as a result of they characterize an impartial institutional determination on the longer term management of the excessive courts whereas the allegations stay unresolved.
The collegium has, in impact, charted a brand new management for Rajasthan via Justice Agrawal and concurrently beneficial Justice Bhati, who’s a decide junior to Justice Sharma within the Rajasthan seniority, to move the Jammu & Kashmir and Ladakh Excessive Courtroom. The suggestions have been made on the collegium assembly of August 31.
Why is that this necessary?
Justice Bhati’s elevation can be notable as a result of he’s at the moment the second senior-most decide of the Rajasthan Excessive Courtroom. The unique 2016 presidential notification appointing justices Sharma, Bhati, Dinesh Mehta and Vinit Kumar Mathur as further judges particularly positioned them in that order of seniority.
Justice Sharma, in the meantime, has been functioning as performing chief justice since September 28, 2025, after the retirement of Justice S Shriram.
The collegium’s advice of Justice Agrawal as Rajasthan’s subsequent chief justice has already signalled a decisive change on the prime of the excessive court docket. The simultaneous advice of Justice Bhati to move one other excessive court docket provides one other layer to the event, as a decide who was junior to Justice Sharma when each entered the Rajasthan Excessive Courtroom is now in line to turn out to be a chief justice, whereas Sharma seems set to retire with out being beneficial for the place.
The developments additionally come amid mounting protests by legal professionals in Jaipur and Jodhpur, who’ve demanded that Justice Sharma be divested of his administrative duties and {that a} common chief justice be appointed. Justice Sharma had opted out of judicial work from September 1 to five because the protests intensified.
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The collegium’s advice of Justice Agrawal was adopted by a separate advice transferring him from the Chhattisgarh Excessive Courtroom to Rajasthan, permitting the proposed successor to maneuver to Rajasthan with out essentially ready for your complete course of for his appointment as chief justice to conclude.
For Justice Sharma, subsequently, the timing is stark. He has rejected the allegations towards him and awaits the CJI’s institutional evaluation. However 23 days earlier than his retirement, the collegium has already beneficial a brand new chief justice for Rajasthan and elevated a decide who entered the Rajasthan Excessive Courtroom after him within the seniority order to move one other excessive court docket.
