‘Fair Opportunity to Respond’: CJI Breaks Silence on Justice Mehta’s Letters Seeking Replacement of Rajasthan Acting Chief Justice

IN A DEVELOPMENT indicating that not all is well within the higher judiciary, Supreme Court judge Sandeep Mehta has written to the Chief Justice of India (‘CJI’) Surya Kant seeking the replacement of Acting Chief Justice of the Rajasthan High Court, Sanjeev Prakash Sharma, over allegations of manipulating the listing of cases and bullying fellow judges at the High Court.

In three letters dated August 2, 10 and 17, Justice Mehta has accused Justice Sharma of “maladministration”, “malpractices”, “nepotism” and “favouritism”, and alleged that he has been exercising his powers as master of the roster to selectively move cases to his own bench, Hindustan Times reported.

Justice Sharma has been functioning as Acting Chief Justice of the Rajasthan High Court since September 28 last year. He is due to retire on September 26, 2026.

In a press statement, CJI Surya Kant said that he and the other Collegium members are already working on filling vacancies for Chief Justices across the remaining High Courts, and that he has taken note of the concerns raised in Justice Mehta’s letters. He stressed, however, that allegations against a sitting judge must be dealt with strictly through the established institutional mechanism, and that the contents of the letters cannot be adjudicated in the public domain.

He added that any decision on Justice Sharma’s continuation, transfer, or other administrative action would be taken by the competent institutional authority after due consideration. The CJI further emphasised that the Supreme Court cannot allow individual complaints concerning judges to be resolved through competing claims made in the media.

It remains unexplained why the Supreme Court Collegium could not recommend the appointment of a regular Chief Justice at the Rajasthan High Court for such a long time, more so when a sitting judge of the Supreme Court hailing from the Rajasthan High Court sent not one but three letters in all to the CJI highlighting allegations of manipulating the listing of cases to allegedly benefit rich litigants, threatening fellow judges, and his vindictive behaviour towards judicial officers. Equally unexplained is why, despite these serious allegations being on record with the CJI since early August, no transfer or interim administrative action has been taken against Justice Sharma so far, even as he continues to function as Acting Chief Justice. 

As per the Memorandum of Procedure (‘MoP’), a judge in a High Court who has one year or less to retire when his turn for being considered for elevation as Chief Justice arrives may be considered for appointment as Chief Justice in his own High Court if a vacancy is to occur in the office of the Chief Justice in that High Court during that period.

Justice Mehta, in his letters, warned that the continuation of Justice Sharma at the Rajasthan High Court is wholly against the interest of the institution. He has alluded that efforts are being made to make Justice Sharma the regular Chief Justice at the Rajasthan High Court.

In his very first letter, LiveLaw reported, Justice Mehta said: “There are innumerable instances of Mr. Justice Sharma exercising powers as the Acting Chief Justice in a manner unbecoming of the leader of the institution… I have received several complaints about the judicial functioning of Mr. Justice S.P. Sharma which, prima facie, raise doubts on his integrity.”