RAMESH NAIK.L Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is an Advocate by avocation. He claims to be a social activist and claims to be associated with couple of Non Profit organizations based in Tumkur. The petitioner in this petition filed as Public Interest Litigation seeks a direction to Government of Karnataka to provide adequate security to Mr.Justice H.P.Sandesh, a Judge of this court. In addition, the petitioner also seeks a direction to the Government of Karnataka to constitute a Special Investigation Team under the supervision of this court to investigate the allegation of threat of transfer extended to Mr.Justice H.P.Sandesh.

(2.) The petitioner who has appeared in person submits that he has submitted an email on 5/7/2022 to take necessary steps to provide (Y, Y+, Z, Z+) security to Mr.Justice H.P.Sandesh. He further submits that though a Judge of a High Court can be transferred under Article 222 of the Constitution of India, yet a Special Investigation Team be constituted to enquire into the alleged threat of transfer extended to Mr.Justice H.P.Sandesh.

(3.) We have considered the submission made on both sides and have carefully perused the averments in the writ petition as well as in email dtd. 5/7/2022. No factual foundation has been laid either in the pleading or in the email dtd. 5/7/2022 with regard to any threat perception to Mr.Justice H.P.Sandesh. It has also not been stated that the existing security provided to him is inadequate. The State Government in any case, is under an obligation to provide adequate security to the Judges of the Court. Therefore, we do not find any merit in the prayer to provide (Y, Y+, Z, Z+) security, especially in the absence of any stand taken by the petitioner that existing security provided to Mr.Justice H.P.Sandesh is inadequate.