Gauhati High Court Bar President seeks recusal of judge who liked online post related to case

Gauhati High Court Bar Association President (GHCBA) Kamal Nayan Choudhury on Wednesday sought recusal ofJustice N Unni Krishnan Nairfrom deciding the contempt of court petitions moved by Advocate General (AG) Devajit Saikia against certain lawyers..The recusal was sought on the ground that Justice Nair had liked an online post relating to the case. Saikia has filed two petitions against Choudhury, advocate Pallavi Talukdar and Senior Advocate Anil Kumar Bhattacharya for comments made in media against another judge, Justice Suman Shyam, in relation to the proposal to shift the High Court building from its existing site. The Bench of Chief Justice Vijay Bishnoi and Justice Nair reserved its order in the contempt case on April 8 after a preliminary hearing..However, on April 9, Choudhury mentioned the matter and said Justice Nair had liked an online post about criminal action being taken against certain lawyers."There is a post in this channel called Prag News. In vernacular it says ... when we literally translate it into English – 'criminal case has been registered against a section of the lawyers of the Association'. This is the post and this has been liked by none other than Hon'ble Justice Unni Krishnan Nair," he submitted.."So?" Chief Justice Bishnoi asked then. In response, Choudhary said,"It is for your lordships. It is my duty to point out. Here is a news item which says some lawyers of the Association are being booked under criminal law. A judge who is adjudicating the issue, Hon'ble judge, and he is liking it and therefore in my humble submission, his lordship should recuse from the case."Justice Bishnoi said they would decide this prayer also and proceeded to hear other matters..The controversy has its origins in a protest held by the Bar Association last month against the proposed shifting of the High Court. AG Saikia on Tuesday told the Court that Talukdar and Bhattacharya had made derogatory comments against Justice Shyam in media interviews and the Bar President had failed to act against them.“This is an institutional attack. This is not an attack on Justice Suman Shyam as an individual,” AG Saikia said in his submissions..Choudhury in response had submitted that AG Saikia had filed the contempt petitions out of personal animosity. He opposed the issuance of notice to him in the contempt petitions, stating that he cannot be blamed for the statements made by the other two lawyers.Pertinently, the High Court on April 3 had issued a press release to condemn the verbal attacks made against Justice Shyam. GHCBA had distanced itself from the comments made by its members but the High Court in the press release questioned the lack of action against them..Trouble in Gauhati High Court over HC relocation; AG files contempt petition against Bar President, lawyers.Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.