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Has the Bench presided by Justice Arun Mishra recused from hearing the PIL concerning the death of judge BS Loya?
The order passed today in the matter states,
“Let the documents be placed on record within seven days and if it is considered appropriate copies be furnished to the petitioners.
Put up before the appropriate Bench.”
The order is not clear as to whether Justice Mishra or Justice M Shantanagoudar has recused or not. However, the last line in the order points to the same.
The petition had caused a lot of controversy after four senior-most judges of the Supreme Court had held a press conference and expressed reservations about the functioning of the office of Chief Justice of India particularly regarding allocating cases to different Benches.
When the press had prodded the judges further as to whether they had reservations about listing of judges Loya’s case, the judges had answered in the affirmative.
There was more controversy during the hearing of the case too with Senior Advocate Dushyant Dave requesting the Bench not to hear the case.
Subsequently, one of the petitioners in the matter, Tehseen Poonawalla had gone on air to state that Dave had bullied him into withdrawing the case. Dave had responded to this strongly by stating
“The attempt to brief me – and I appear pro bono in many such matters – was to get credibility to the outcome of the petition, which I believe would have been against the cause of justice. The whole approach of the petitioners, who were so keen to have the matter heard before bench of Justice Arun Mishra was a mystery even after being told by me that they will not get justice from that Bench since Justice Arun Mishra has close relations with top BJP leaders which I had seen myself in his own house on wedding reception of his nephew in December 2016. So, the desire to have matter heard there was curious.”
“I rather told Poonawalla that if your cause is genuine, let us mention the matter before CJI Dipak Misra to withdraw the matter from Justice Arun Mishra’s Bench, to which he declined. The moment he declined, I told him I will not appear for him because it was a set up..
Read the order passed today below.