In a significant development, Justice Subhash Vidyarthi of the Allahabad High Court on Monday recused from the case filed by BJP worker Vignesh Shishir seeking an FIR against LoP Rahul Gandhi over his alleged British citizenship.
The recusal came as the Court took strong exception to certain social media posts and media interviews by Shishir, noting that they cast aspersions on the Court and maligned its dignity after the bench proposed to issue a notice to Gandhi on his plea.
Justice Vidyarthi orally observed that the petitioner had posted material on social media alleging "foul play" by the Court and that the entire episode gave an 'unfair treatment' to him.Expressing strong dissatisfaction with the controversial social media posts, Justice Vidyarthi orally remarked that he 'regretted' hearing the case, as he had been used by Applicant-Shishir for his own 'political mileage'.
"Piche keechad uchala jana kaise uchit hai? Adalat ke against bolna sahi hai? Media mein kaise kaise statement de rahe hain...apne political akhade ka Court ko hissa bana rahe hain". (How is it justified to sling mud behind our backs? Is it right to speak against the Court? What kind of statements are you making in the media...you are making the Court a part of your political arena.)"
Noting that Shishir was seeking public opinion through his social media posts on whether he should continue the matter before this bench and that he sought indulgence of the CJI in this matter, the Court stated, "The messages posted on social media amount to casting aspersions on the Court...The Court is of the opinion that he has maligned the Court".
Significantly, both the Government advocate and the Deputy Solicitor General of India conceded that Shishir's social media posts cannot be defended.The bench also expressed dissatisfaction with the assistance of the government advocates and DySGI for not placing the correct legal position on the issue of whether a notice should be issued to the prospective Accused/Gandhi before passing an order.
In his defence, Shishir submitted that the posts were not intended for the Court but for those pressurising him to back out of this Case. He also sought to place before the bench his posts wherein he had lauded the bench's earlier order (only dictated, not signed) for lodging an FIR against Gandhi.
"I appreciated your earlier order on social media. Please see those posts also where I said that it was a landmark order. But today what is being passed is one-sided order. Plea check my other posts too," Shishir argued.
To this submission, Justice Vidyarthi said that the court does not need appreciation from anyone and that the petitioner could make all these submissions before the appellate Court.
This development comes two days after the bench effectively deferred the operation of the judgment already dictated in open court on April 17, directing that an FIR be lodged against Gandhi. The bench, in its order uploaded on April 18, effectively halted this order before it could be typed and signed.
In its 2-page order, the Court had observed that Gandhi might be entitled to an opportunity to be heard. The bench had decided to withhold the verdict after coming across a Full Bench judgment of the High Court in the case of Jagannnath Verma and others Vs State of U.P. and others 2014.
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