Justice Dave recuses from NJAC hearing after petitioners cite conflict of interest [Read Fali Nariman’s note to the Bench]

Justice Anil R Dave, the judge presiding the hearing in the challenge to the National Judicial Appointments Commission (NJAC), has recused from the case after petitioners cited conflict of interest on his part..Justice Dave has now become a part of the NJAC after the NJAC Act was notified by the Central government on April 13. The NJAC has three senior-most judges as its ex-officio members, one of whom is Justice Dave..When the hearing began today at 10.30am, Senior Advocate Fali Nariman appearing for the Supreme Court Advocate on Record Association contended that he has no issue with Justice Dave presiding the hearing but said that Justice Dave should give a declaration that he will not be part of the NJAC deliberations and meetings till the hearing is over..On being quizzed on why this was being prayed for, Nariman replied that,.“He is a member of the Commission the Constitutional validity of which is under challenge before this Bench. There is clear conflict of interest.”.Nariman also submitted that it was improper on the part of the government to notify the Act since the matter had been referred to a Constitution Bench and the government went ahead with it despite that..However, Attorney General Mukul Rohatgi vehemently opposed Nariman’s submissions. Rohatgi contended that judges decide administrative issues on a daily basis and the same is no reason to bring about conflict of interest in the cases they decide..“This contention coming from an Association of Advocates is condemnable. We notified the Act because the Government is answerable to the Parliament. The Presidential assent was received on December 31. We waited for a long time for the petitions to be decided.”.Senior Advocate Dushyant Dave, appearing for Supreme Court Bar Association also supported Rohatgi’s arguments..Justice Anil Dave, however, chose to recuse from the case. A new Bench will now have to be constituted to hear the case.