The Supreme Court on Friday requested West Bengal BJP chief Suvendu Adhikari, who referred to a “letter” written by Chief Minister Mamata Banerjee, by which a Calcutta High Court choose heard her election petition over alleged hyperlinks with the saffron social gathering. had, it couldn’t be on the bottom of accepting their prayer to switch the matter out of state.
“This is not the basis for our transfer. Whether that judge should have recused himself or not is a separate issue…,” Justice DY Chandrachud, presiding over a two-judge bench, informed senior advocate Harish Salve who appeared for the officer.
He was responding to Salve’s submission that the officer had “legitimate apprehensions … that he would have serious trouble conducting the case” given the hostile setting within the state. To substantiate his level, Salve referred to Banerjee’s “letter” and subsequent developments, which culminated in Justice Kaushik Chanda’s withdrawal from listening to the case.
“The fact that a sitting CM writes a letter saying I opposed the appointment of a judge and he should spare himself and a senior member of parliament sent a tweet saying that this man is for BJP. Used to appear when he was in private practice… These are not two private people who are fighting in court,” Salve informed the bench, additionally comprising Justice Hima Kohli.
Rejecting the switch request, Justice Chandrachud stated, “The election of the then Prime Minister was challenged in the Allahabad High Court.”
Salve responded shortly and stated, “I do not assume anybody has ever stated that this prime minister has appointed so many judges and that judges should not hearken to it… Today, we clearly have a really totally different tradition and Living in a really totally different ethos the place the Chief Minister writes letters like this… it’s a very regrettable state of affairs”.
The officer, in his petition filed by advocate Surjendu Shankar Das, additionally referred to a letter written by some members of the HC Bar Association towards one other HC choose, who granted the officer safety from arrest in sure instances registered towards him. as relieved.
Salve stated, “My concern today is that the atmosphere you have created is that if a judge passes orders that are contrary to any order, let’s see what happens to that judge.”
But Justice Chandrachud stated, “If we enable your switch petition, we’ll specific the view of insecurity in the whole HC… How can we try this? Let the High Courts take management of their litigation and We shouldn’t ship the message that we don’t belief them…”
Salve replied, “I have 100 per cent faith in the HC. The problem is the atmosphere inside and outside the courtroom and the hostility, which I know, I am going to face… Will I be able to prosecute there? Will I Can I defend myself fairly and freely in this environment?”
The court docket stated that the Chief Justice will be certain that the ambiance is conducive and if something untoward occurs, now we have broad shoulders to take care of it.
As Salve repeatedly said that he had apprehensions, Justice Chandrachud requested, “But what has happened so far? Except that a judge has resigned, nothing is…”
Sawale stated, “There are many issues between this gentleman and the state authorities. Once this begins, in different instances involving the identical particular person, if a choose passes an order in his favor, there’s a protest, the legal professionals have handed a decision stating that it’s a must to ship the board to that choose. must be taken away from the one who gave him reduction, in any other case they’re going on dharna.”
But the court docket didn’t pay attention and stated: “This election petition, we find no reason to move it… We will not allow this option of the High Courts. It is the High Court that has jurisdiction and let the trial be there.” … If the choose feels that the ambiance of the court docket shouldn’t be being created conducive to the trial, the choose himself or herself is sufficiently empowered to make sure that an acceptable setting is created.”
Senior advocate AM Singhvi, showing for West Bengal, opposed the prayer of the officer and stated that he was attempting to keep away from the whole High Court.
Salve lastly sought permission to withdraw the petition which was allowed by the SC.
With inputs from TheIndianEXPRESS
