Recusal Watch: Does the new SC Judges Roster have an impact on pending cases?

The new Supreme Court Judges’ Roster effective from February 5 applies only to fresh cases, according to the notification on the Supreme Court website. Although there is nothing to prevent the twelve presiding judges from continuing to hear the pending cases before them, there is a possibility that some judges are recusing from hearing them further, perhaps in deference to the new roster.

Take for instance Justice RK Agrawal’s recusal from hearing Jagrit Adivasi Dalit Sangathan v. The State of Madhya Pradesh and Others, a civil SLP filed last year. Although the case was listed before his bench ten times since July 3, 2017, he recused from hearing the case on February 6. A land acquisition and requisition matter, it can be listed only before four presiding Judges, namely, Justices J Chelameswar, Madan B Lokur, Arun Mishra and Adarsh Kumar Goel, as per the new roster.

Justice Agrawal retires on May 4 this year, and this could be another reason why he recused at this stage. Any case heard by him but not decided before his retirement, will have to be reheard all over again. It is possible that he finds his plate full, as he prepares for his retirement in the next three months.

The case was eventually listed before Justice Arun Mishra on February 16, and will be heard again on February 23.

Of the remaining eight cases from which seven judges recused during the week from February 5 to 9, Justice DY Chandrachud recused from two cases. Dharmendra Singh Yadav v. State of Uttar Pradesh Through Secretary, a civil appeal, filed in 2016 is one of them. Categorized as a Three Judge Bench matter, it will have to go before another three-Judge bench, as the present bench headed by Chief Justice Dipak Misra cannot hear this, in view of Chandrachud J’s recusal.

The second is Enercon GMBH & ANR v Wind World (India) Ltd & Ors, an arbitration matter and civil SLP arising out of a Bombay High Court judgment dated March 29, 2016. As the new roster distributes arbitration matters only between the CJI Dipak Misra-led bench and Justice Fali Rohinton Nariman, this will necessarily have to go before the latter on the next probable date of listing, on April 23.

Justice Uday Umesh Lalit recused from hearing Sushila Devi v. State of Rajasthan, a criminal SLP filed in 2012, relating to bail/interim bail/anticipatory bail.

Justice J Chelameswar recused from hearing Sirajin Basha v. BS Yeddyurappa, a criminal matter filed in 2015, dealing with an offence under the Prevention of Corruption Act.  The matter was listed before the bench presided by Justice Chelameswar seventeen times since December 16, 2015. His recusal at this stage perhaps is due to his impending effective retirement on May 18, the last working day of the Court before the summer vacation starts (His actual date of retirement is June 22, which falls during the vacation).

The remaining recusals during the week from February 5 to 9 are as follows:

Justice Navin Sinha: Bihar State Housing Board & Ors v. Virendra Kumar Sinha & Anr, a civil SLP filed this year, dealing with allotment, cancellation, and fixing of prices of plots/flats.

Justice L Nageswara Rao: Bikkina Rama Rao & Ors v. The Special Deputy Tahsildar (Tribal Welfare) & Ors, a civil appeal filed in 2008, dealing with land laws and agricultural tenancies.

Justice Rohinton Fali Nariman: Municipal Corporation of Greater Mumbai v. Kohinoor CTNL Infrastructure company private limited, a Miscellaneous Application in a 2013 civil appeal. This will go before another bench on March 12.

Justice Arun Mishra: Rajiv Vikram Singh Gautam v. Union of India, a civil transfer case filed in 2017. It is a service matter, traceable to a judgment delivered in 1970 by the Lucknow bench of the Allahabad High Court.