Recusal Watch: Repeated adjournment requests, impending retirement – RK Agrawal J. recuses after 14 hearings

In this edition of Recusal Watch, we look at instances of recusals by Supreme Court judges between February 12 and 23.

On February 20, Justice RK Agrawal recused from hearing the case of AP Housing Board v. Azamunisa Begum (D) Thru LRS and others, a civil SLP pending since 2010. Categorised as an Ordinary Civil Matter – Others, this case has 35 respondents. Since March 27 last year, the case had been listed before a Bench presided by Justice Agrawal fifteen times.

The case history shows that parties have been seeking adjournments either on account of personal difficulty, or because they had to file additional documents.

On September 4 last year, the Bench  made it clear that no further adjournment would be granted on September 19, the next hearing day. On September 19, 2017, however, the Bench was persuaded to adjourn the matter by all the parties.

On February 6, the Bench referred to the request for adjournment sought by respondents 11 and 12, for filing additional documents, which was opposed by counsel for other respondents. The Bench recorded the fact of repeated adjournments in the case. 

“From perusal of the record, we find that these matters have been adjourned time and again on the request of either of the parties.”

It then adjourned the matter for February 7.

On February 7, the Bench, on the request of all the parties, decided to hear it on February 20, as the first item.

However, on February 20, Justice Agrawal chose to recuse from the matter, Justice Agrawal is retiring on May 4 and that could perhaps be the reason for his recusal, given that he has to clear all the cases pending before him prior to his retirement.

After the recusal, the matter was mentioned on February 23, when Chief Justice of India Dipak Misra directed that the matter be listed in the week commencing March 5 before an appropriate Bench, as per the roster. Since the category Ordinary Civil Matter is allotted to all the judges except Justice Ranjan Gogoi, this case an go before any presiding judge other than Justice Gogoi and Justice Agrawal.

Other recusals of judges and the cases they recused from during this period are as follows:

Justice Mohan M Shantanagoudar: Abraham TJ v. Ashok Kheny on February 13. In this case, the appellant has alleged that the respondent, elected to the Karnataka assembly from Bidar South constituency, is disqualified because he had voluntarily accepted US citizenship. The Karnataka High Court had dismissed his contentions as frivolous, and bereft of sufficient materials.

Justice AM Khanwilkar: Adarsh Cooperative Housing Society Ltd v. Union of India, on February 16. This was later disposed of by the Bench of the Chief Justice of India Dipak Misra and Justice Sanjay Kishan Kaul on February 16, through a reasoned judgment.

He also recused from hearing UP Chess Association v. Tamil Nadu Chess Association, a civil appeal filed in 2006, on February 20.

Ajay K Agrawal v. Srichand P Hinduja & Ors is another case which Justice Khanwilkar recused from, on February 13. This is an appeal against the Delhi High Court judgment of 2005 dismissing the case against the accused in the Bofors case.

Justice Sanjay Kishan Kaul: M/s TDI Infrastructure Ltd. V. Ashok Goyal on February 12. The matter arises out of a 2016 decision of the National Consumer Disputes Redressal Commission.

Justice L Nageswara Rao: Narla Suseela (since Died) by LRS & Ors, v. Land Acquisition Officer and Special Deputy Collector & Ors, on February 12. (Land acquisition – matters challenging compensation)

Justice Rao also recused from Tarun Jit Tejpal v. the State of Goa on February 23. The case is a criminal SLP filed by the former editor of Tehelka magazine, in the rape case involving his former colleague.

Justice J Chelameswar: Vishnu & Ors v. State of Maharashtra, on February 12. (Land acquisition – matters challenging compensation).

Justice Rohinton Fali Nariman: Reji Kurian v. Fr Geevarghese Kappil & Ors, on February 22. Originating from the Kerala High Court, this civil SLP was listed before Justices Adarsh Kumar Goel and Uday Umesh Lalit on February 23, when it was adjourned to March 12.

Justice Arun Mishra: Shanker v. The State of Madhya Pradesh, on February 21. It is a criminal appeal filed in 2011.

Justice Uday Umesh Lalit:  Wazirali S/o Gulamali (Deceased through his legal) and Ors v. Manimunabai & Ors. The case is a civil SLP filed in 2017.