Justice Khehar recuses, Justices Thakur and Sikri to hear SEBI Sahara dispute

After delivering a 207 page judgment and pulling up the Sahara lawyers for improper conduct, Justice JS Khehar has recused from hearing the SEBI Sahara dispute. The judge communicated the same to the Chief Justice (CJI) RM Lodha via a letter written on May 6..This was disclosed by Supreme Court Deputy Registrar Rakesh Sharma to media persons at Press Lounge of the Supreme Court today. Interestingly, the judgment in the Habeas Corpus petition filed by Subrata Roy was also delivered on the same day..The CJI has accepted Justice Khehar’s recusal and has constituted a new Bench to hear the matter. However, the details of the new Bench, which would now hear the matter, were not divulged..The SEBI Sahara dispute, which has attracted nationwide attention, was being heard by a Bench comprising Justices Radhakrishnan and JS Khehar. With Justice Radhakrishnan retiring on May 14, it was expected that a new judge would hear the matter along with Justice Khehar..With Justice Khehar’s recusal, the case would be heard by a different Bench for the second time since the dispute reached the apex court. In 2012, a Bench headed by then CJI Altamas Kabir had heard the matter and granted an extension of deadline to Sahara for complying with the Supreme Court judgment. However, the chaotic listing had raised many eyebrows and the matter was sent back to the Bench headed by Justice Radhakrishnan..Justice Radhakrishnan in his farewell speech had referred to Justice Khehar as a judge whose “fearlessness is unparalleled in Supreme Court history”. He had also spoken about the tremendous pressure which the two judges had undergone while hearing the case. The judgement in the Habeas Corpus petition also speaks about the pressure, “affront, scorn and ridicule” which the judges face from today’s litigants..Update: Justice TS Thakur and Justice AK Sikri will now hear the case. The next hearing is on May 19 at 2 pm.