The Supreme Court on Wednesday expressed concern over repeated recusals by judges of the Punjab and Haryana High Court in a case concerning a former judicial officer's challenge to his dismissal from service, with Chief Justice of India Surya Kant remarking that "three or four so-called senior advocates" in the State were "creating havoc.
The Court on Wednesday was prompted to intervene after being told that 4 successive benches of the Punjab and Haryana High Court have recused from hearing a former judicial officer's challenge to his dismissal from service.A Bench of Chief Justice of India Surya Kant and Justice V Mohana warned of "serious consequences" if any attempt is made to disrupt proceedings.
While arguing a transfer petition, Advocate Amrish Kumar Jain told the Court that Justices Lisa Gill (then Chief Justice), Sanjiv Berry, Ashwini Kumar Mishra and Dipak Sibal had each recused from the matter.
The Chief Justice said,"I would like to know who are the judges. So then I am going to make an inquiry into what kind of activities you are indulging in."The CJI also stated that senior advocates were behind the repeated recusals."Three or four so-called senior advocates are creating havoc. I am closely watching the thing," he said, advising Jain to argue the matter himself without engaging senior counsel.
The Court declined to transfer the petition to another High Court. Instead, it directed the Acting Chief Justice to constitute a two-judge division bench to hear the matter and specifically advised the nominated judges not to recuse, "irrespective of the situations that may be created by anyone."The Bench directed that the matter be heard on a day-to-day basis commencing July 13. The Registrar General of the High Court has been asked to send a compliance report to the Supreme Court once judgment is reserved.
The issue arose during a transfer petition for a former judicial officer challenging his dismissal from service. Four successive HC benches had recused themselves from hearing the matter.The CJI advised the Acting Chief Justice of the P&H HC to constitute a fresh, two-judge Division Bench. The apex court directed these judges not to recuse themselves, regardless of any pressure tactics or situations created by anyone.
The CJI directly warned the petitioner to argue the case themselves, stating he was closely watching the "four or five senior advocates" who routinely disrupt proceedings.The Supreme Court urged judges to remain firm, fearless, and independent while discharging their constitutional duties, ensuring that vested interests cannot intimidate the judiciary.
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