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Judge recuses from hearing Nice petitions

Bangalore, Nov 9, 2012 dhns:
Justice H N Nagamohan Das on Thursday recused from hearing five petitions filed by Ashok Kheny, managing director, Nice and its sister concern Nandi Economic Corridor Enterprise, Shivakumar Kheny, former director Nice and Baba Kalyani, chairman, Nice.

The petitions sought quashing of the Special Lokayukta Court’s order directing a probe into Bangalore-Mysore Infrastructure Corridor Project implemented by Nice and a stay on the order to attachment of toll collected for two years.

Justice Nagamohan Das recused himself as he is said to have represented the respondent T J Abraham as an advocate in similar cases several years ago.

The judge has directed the High Court Registry to place the matter before the Chief
Justice. Before recusing himself, the judge heard the petitioners seeking exemption from producing certified copies of the probe order, as they had not been released.

When Abraham sought to know how the petitioners could seek a stay without perusing the order, the judge sought to know why Abraham was present in court.

On being told that Abraham was the complainant, the judge recused himself. Justice Das directed the Lokayukta Court to take steps to issue certified copies of the orders to all the applicants.

 

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