The Supreme Court has taken note of repeated recusals by judges in the Punjab and Haryana High Court in a case filed by former judicial officer Amrish Kumar Jain, who is challenging his dismissal. The case, pending since 2022, has seen four judges recuse themselves, including former Chief Justice Sheel Nagu.
Jain's Plea Before the Supreme Court
Presenting his case personally, Jain requested a bench comprising Chief Justice of India Surya Kant and Justice V. Mohana to exercise the Supreme Court's extraordinary powers under Article 142 of the Constitution. He sought transfer of his petition to the Delhi High Court, arguing that the pattern of recusals indicated an institutional inability within the Punjab and Haryana High Court to adjudicate his matter fairly.
CJI's Strong Remarks
Chief Justice Surya Kant made significant observations during the hearing, stating, "We will request the acting Chief Justice to constitute a bench, and if any advocate or petitioner plays any trick to force them to recuse themselves from the case, then serious consequences will follow." He further added, "I know three or four so-called senior advocates who are creating havoc in the HC. I'll request the judges on the bench not to recuse themselves irrespective of the situation created by anyone."
Supreme Court's Directive
In its order, the Supreme Court bench directed the acting Chief Justice of the Punjab and Haryana High Court to constitute a division bench of two judges to hear Jain's petition. The order explicitly stated that the judges must not recuse from hearing the case under any circumstances. The bench is to commence hearing from the week beginning July 13 and proceed on a day-to-day basis until the judgment is reserved.
Despite issuing the final order, the Supreme Court kept the petition pending and directed the registrar general of the High Court to file a compliance report once the division bench reserves its order on Jain's petition.
Sequence of Recusals
The first judge to recuse herself from the case was Justice Lisa Gill on September 2, 2024. The case was then heard in detail by a bench headed by then Chief Justice Sheel Nagu, and judgment was reserved on February 24, 2025. However, four months later, the matter was released and placed before another bench for fresh adjudication. It was subsequently assigned to a bench led by Justice Ashwani K. Mishra, who recused himself on March 25. This was followed by the recusal of Justice Deepak Sibal on May 14.
