Recusal Watch: Justice AM Sapre recuses minutes after bench issues notice

In this edition of Recusal Watch, we find that last week (March 19 to 23) saw 13 recusals by nine Supreme Court judges.

Justice AM Sapre recused on March 19 from a case in which he was on the Bench presided by Justice RK Agrawal, which had only a few minutes earlier issued notice.

The notice, according to a story in The Times of India, was ‘recalled’ in view of Justice Sapre’s recusal. Interestingly, while the order of recusal was uploaded, the order of recall of the notice issued is yet to be uploaded on the Supreme Court website.

The case, Antar Singh Darbar v. Shri Kailash Vijayvargiya, is a civil appeal filed by the losing candidate of the Congress assailing the election of a BJP leader.  The matter will now be listed before another bench on April 6.

The Madhya Pradesh High Court had, on November 3 last year, favoured the respondent Vijayvargiya, who was elected to the Madhya Pradesh assembly from Dr. Ambedkar Nagar in Mhow.

Darbar challenged his election on three grounds – distribution of medals and trophies during Muharram after the completion of election campaign, distribution of money to women voters, and distribution of liquor by his election agent.

Interestingly, the matter was mentioned before the Bench presided by the Chief Justice of India Dipak Misra four times earlier, before it got listed for hearing by Justice Agrawal’s bench.  Under the revised roster of judges, Justice Agrawal is the only Judge other than the CJI who can hear election-related appeals. It now remains to be seen whether Justice Agrawal will hear the matter along with a judge other than Justice Sapre, or whether the CJI-led Bench will hear it.

On the same day, Justice Sapre recused from Abdul Khadar Since Deceased by His LR & Ors, v. Assistant Commissioner Land Acquisition Officer & Ors. A land acquisition and requisition matter filed in 2015 against a Karnataka High Court decision dated July 22, 2014,  it will go before another bench on April 9.

On March 20, Justice Sapre recused from Yasin Haji Dawood Mirza v. the State of Maharashtra, a criminal SLP against a Bombay High Court judgment of October 12 last year in an anticipatory bail matter. It was dismissed by the Bench of Justices NV Ramana and S Abdul Nazeer on March 23.

Justice Rohinton Fali Nariman recused from Ashok Dattatray Kulkarni (Chief Promoter Apna Ghar Cooperative Housing Society (Prop) v. State of Maharashtra on March 19, when he sat with Justice Deepak Gupta. It will now go before the Bench of Justices Lokur and Gupta on April 9. An appeal against the Bombay High Court decision in 2015, Justice Nariman probably recused because the matter was already heard by the Bench of Justice Lokur and Justice Gupta four times earlier.

Justice Lokur recused from Ranbir Singh v. S.K.Roy, Chairman, LIC of India when he sat with Justice Kurian Joseph and Justice Deepak Gupta, on March 21. A contempt petition involving payment of wages, bonus, ad-hoc, casual daily wages and their regularisation, the matter will most probably be listed before a  Bench presided by Justice Kurian Joseph on March 28, as he had heard it earlier.

Justice Uday Umesh Lalit recused from three cases this week. The first was Sandeep@Khandu Sudhakar, Sarode v. The State of Maharashtra.  A criminal appeal, Justice Lalit recused from this case, when he sat with Justice Arun Mishra on March 21.

Justice Lalit also recused from Abraham TJ v .M/s Nandi Infrastructure Corridor Enterprises Limited & Ors, on the same day. This is a criminal SLP filed last year against the Karnataka High Court judgment of  April 7, 2016.

On March 23, Justice Lalit recused from Standard Chartered Bank, UK v. Union of India, a civil SLP against the Bombay High Court’s judgment last year, while sitting with Justice Adarsh Kumar Goel and Justice Rohinton Fali Nariman.  The appellant had challenged the Centre’s order of February 12, 2016 amalgamating the National Spot Exchange Limited (NSEL) and 63 Moons Technologies Limited, formerly known as Financial Technologies (India) Limited (FTIL). The High Court declined to interfere with the order.

Justice Arun Mishra recused from Suresh Singh v. The State of Madhya Pradesh, a criminal appeal filed in 2009, when he sat with Justice Navin Sinha on March 22.

On March 20, Justice Kurian Joseph recused from The Manager Darul Uloom Vocational Higher Secondary and Higher Secondary School, Ernakulam v. The State of Kerala.

A civil SLP, filed last year against the Kerala High Court judgment which held that the conduct of a teacher in entering the school principal’s room in an inebriated condition, did not constitute a violation of disciplinary rules, meriting his removal from service. The High Court had quashed the dismissal on the ground that the school could not remove the teacher from service without the previous sanction of the Deputy Director of Education. The school had contended that the teacher did not challenge the report of the enquiry, and there was evidence of insubordination by him, warranting dismissal.

Justice RK Agrawal recused from Vijay Singh v. State of Uttar Pradesh, a criminal SLP against Allahabad High Court’s decision convicting the appellant for murder. The High Court had held in this case that the testimony of a witness, otherwise inspiring confidence. cannot be discarded on the ground that he, being a relation of the deceased, is an interested witness.

Justice R Banumathi recused from Dharumai Adheenam Sri Gurugnana Sambandar Thiruppani Mandram v. K Mangesh Kumar on March 23, when sitting with Justice Ranjan Gogoi. A civil appeal filed last year against the Madras High Court judgment of November 5, 2015, it will be listed before another bench on April 2.

This is a petition filed for issue of writ of mandamus forbearing the authorities, including the Chidambaram Municipality, from putting up any construction or obstruction on or over the eastern Sannadhy street, Chidambaram town, or doing any act which would obstruct the worshippers’ clear view of the East Gopuram of the Natarajar temple, Chidambaram.

Interestingly, another Bench of Justice J Chelameswar and  S Abdul Nazeer had heard this matter earlier, and passed an order on May 9 last year.

Lastly, Justice S Abdul Nazeer recused from Ramji Lal v. the State of Rajasthan, a criminal SLP filed against the judgment of the Jaipur bench of the Rajasthan High Court on August 3 last year. It is now listed before the Bench of Justice Adarsh Kumar Goel and Justice Rohinton Fali Nariman on March 26.