This would be the blackest chapter in history if we succumb, says Justice Arun Mishra as Constitution Bench reserves order on his recusal

A Constitution Bench of the Supreme Court today reserved its order on the issue of the recusal of Justice Arun Mishra from the batch of petitions relating to the interpretation of Section 24 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Land Acquisition Act, 2013).

. The order will be pronounced on October 23.

. The request for recusal was preferred by certain parties to the litigation, including a Farmers’ Association.

. Apart from Justice Arun Mishra who is heading the Bench, the other judges on the Bench are Justices Indira Banerjee, Vineet Saran, MR Shah, and Ravindra Bhat.

. Justice Mishra’s recusal is being sought on the ground of “bias of predisposition” with respect to his judgment in the Indore Development Authority case.

. Justice Mishra today indicated that he would not recuse from the Constitution Bench as it would amount to “succumbing to forces” who are trying to “tame the judiciary”.

. “If we succumb to this prayer, this would be Bench hunting and taming the judiciary. You want the bench of your choice…that is destroying the very fundamentals of the system. I perceive it like that…”

. Justice Mishra also raised questions on the “persons behind” the plea for recusal. Remarking that it cannot be “poor farmers”, he said,

. “ Circumstances compelled me to hear this. This would be the blackest chapter in history if we succumb to this. There are forces…and I am not referring to media. Who are these persons?. Who is behind this (recusal application)? These are not the poor farmers. They are not farmers and I am saying it with a sense of responsibility.”

. The judge also attempted to explain that the four other judges on the Bench were going to hear and decide the case as well.

. “ We apply our mind together and try to arrive at a consensus. If it is not possible, we differ. Nobody accepts the other person’s judgment. We cannot take decisions casually.”

. After Senior Advocate Shyam Divan, who appeared for one of the parties seeking the recusal, concluded his submissions, Justice Mishra remarked,

. “ You argued most fearlessly since yesterday…Good quality. We’re not criticizing…Bar should have that courage. What fear do you have in addressing on merit? What is the genesis of that fear? Think over. That’s it.”

. Divan argued strongly against the apprehensions of bench hunting raised by Justice Mishra.

. “ I have reasonable knowledge about my brief. We are arguing as per international standards. This is not remotely concerned with bench hunting. We are only attracting globally accepted standards…

. …To me it’s clear. In the facts and circumstances of this case, it (apprehension of bias) is there. Under our adversarial system, we must put forward our best possible case…(if the issue of bias of not addressed) it will mean your optimal and best decision making will not come out”, Divan said.

. Senior Advocates Rakesh Dwivedi and Gopal Sankaranarayanan also made submissions on the issue.

. “It’s a question of an opinion being there and its a human tendency to stick to it”, Dwivedi said as he argued that there was a reasonable apprehension of bias in the case.

. Sankaranarayanan pointed out that there was no attempt of bench hunting in the present case. Justifying the request for recusal, he submitted that in view of the scope of the issue before the present Constitution Bench, the correctness of the Indore Development Authority case rendered by Justice Mishra was under the scanner.

. Meanwhile, Solicitor General Tushar Mehta objected to the plea of recusal. He contended that a judicial opinion cannot be the subject matter of a trial for bias.

. He also pointed out instances where judges who have rendered a particular decision have been part of a larger bench to examine the issue involved in their previous decisions.

. ASG Pinky Anand also made brief submissions in support of the contentions put forth by SG Mehta. Indore Development Authority and the State of Madhya Pradesh also sided with the stance taken by the SG.

. [Read Order]

This would be the blackest chapter in history if we succumb, says Justice Arun Mishra as Constitution Bench reserves order on his recusal

Aditi

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