The Supreme Court on Wednesday expressed serious concern over the repeated recusal of four judges of the Punjab and Haryana High Court in a case filed by a former judicial officer challenging his dismissal from service. The top court observed that “three or four so-called senior advocates are creating havoc” in the High Court.
Supreme Court's Strong Remarks
A bench led by Chief Justice of India (CJI) Surya Kant made the remarks after petitioner Amrish Kumar Jain, appearing in person, informed that four benches of the High Court had recused themselves from hearing his case. “I would like to know who the judges are. So, then I am going to make an inquiry about what kind of activities you are indulging in,” the CJI said.
Jain sought transfer of his case after multiple benches recused themselves from hearing his petition against dismissal from service. The CJI responded, “I know there are three-four senior advocates who are involved in this kind of thing. I am closely watching the thing. The three or four so-called senior advocates are creating havoc. Better you argue yourself.”
Monitoring and Directions
The CJI further stated, “I will ask the Chief Justice (of the High Court) to constitute a Bench. The moment you try to play any mischief, serious consequences will be there. We will monitor the matter from here.”
The petitioner detailed that Justice Lisa Gill first recused, followed by the then Chief Justice after reserving the matter, and subsequently Justice Ashwini Kumar Mishra and Justice Dipak Sibal. He also noted that his applications for release of pension and General Provident Fund (GPF) dues had not been considered.
High Court Directed to Form Bench
The Supreme Court requested the Acting Chief Justice of the Punjab and Haryana High Court to constitute a Division Bench of two judges to hear the matter. “The learned judges are advised not to recuse in the matter, irrespective of the situations that may be created by anyone,” it said.
Directing the matter to be heard on a day-to-day basis starting July 13, the top court asked the High Court’s Registrar General to send a compliance report to it.
