The Calcutta High Court on Monday refused to grant urgent hearing to a Public Interest Litigation (PIL) petition seeking to restrain Justice Amrita Sinha from hearing cases pertaining to police action or inaction. .The plea alleged bias on the ground that the judge's husband had tried to influence investigation into a criminal case. A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya said that the decision to allot cases is made by the Chief Justice on his administrative side and the same is not open to challenge on the judicial side. "So you are challenging the decision of the Master of the Roster? The Chief Justice has decided the assignment and you are challenging it. How is a PIL maintainable? Tomorrow you will say you want do not like the court so close this High Court. Can we do that?" Chief Justice Sivagnanam told the counsel who mentioned the plea. The petitioner's counsel sought an urgent hearing stating that Justice Sinha has already started hearing cases as per the new roster. "Justice Sinha has been given the cases related to police action or inaction. Earlier, her spouse was accused of influencing an investigation into a criminal case. That issue went upto the Supreme Court. In this background, she should not hear cases related police action or inaction," the counsel contended. .The Court, however, said the PIL was not maintainable on this issue. "Even a writ petition will not be maintainable. Suppose a petitioner apprehends any bias against them, s/he can file an application stating the grounds on which the judge should not hear his or her case. But like this a PIL, we don't think would be tenable," the Chief Justice explained. The Chief Justice further suggested the petitioner's counsel to read a few judgments of the Supreme Court which clearly state that the Chief Justice is the master of the roster.
The Calcutta High Court on Monday refused to grant urgent hearing to a Public Interest Litigation (PIL) petition seeking to restrain Justice Amrita Sinha from hearing cases pertaining to police action or inaction. .The plea alleged bias on the ground that the judge's husband had tried to influence investigation into a criminal case. A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya said that the decision to allot cases is made by the Chief Justice on his administrative side and the same is not open to challenge on the judicial side. "So you are challenging the decision of the Master of the Roster? The Chief Justice has decided the assignment and you are challenging it. How is a PIL maintainable? Tomorrow you will say you want do not like the court so close this High Court. Can we do that?" Chief Justice Sivagnanam told the counsel who mentioned the plea. The petitioner's counsel sought an urgent hearing stating that Justice Sinha has already started hearing cases as per the new roster. "Justice Sinha has been given the cases related to police action or inaction. Earlier, her spouse was accused of influencing an investigation into a criminal case. That issue went upto the Supreme Court. In this background, she should not hear cases related police action or inaction," the counsel contended. .The Court, however, said the PIL was not maintainable on this issue. "Even a writ petition will not be maintainable. Suppose a petitioner apprehends any bias against them, s/he can file an application stating the grounds on which the judge should not hear his or her case. But like this a PIL, we don't think would be tenable," the Chief Justice explained. The Chief Justice further suggested the petitioner's counsel to read a few judgments of the Supreme Court which clearly state that the Chief Justice is the master of the roster.