Justice Kaushik Chanda of the Calcutta High Court on Wednesday rescued himself from hearing the election petition filed by West Bengal Chief Minister Mamata Banerjee, challenging the election of BJP candidate and Leader of the Opposition Suvendu Adhikari from the Nandigram Assembly constituency. He also imposed a cost of Rs 5 lakh on the chief minister.
Justice Chanda stated in his order that a “deliberate and conscious attempt” was made to influence his decision before the rescual petition was placed before him for consideration on June 24, 2021.
“The calculated psychological offensives and vilification to seek rescual need to be firmly repulsed and a cost of Rupees five lakh is imposed upon the petitioner,” stated Justice Chanda. He further stated that the amount be deposited with the Bar Council of India within two weeks from the issuance of the order and the amount will be set aside for the families of advocates who have succumbed to Covid-19.
Justice Chanda refuted the argument that the petitioner Chief Minister Mamata Banerjee was apprehensive of bias against her by him because of his earlier association with the BJP.
“Like any other citizen of the country, a judge also exercises his voting rights in favour of a political party, but he lays aside his individual predilection while deciding a case,” he stated.
Justice Chanda stated that the petitioner’s ground for seeking rescual based on her apprehension that her objection against his confirmation as a permanent judge of the Calcutta High Court was known to him also “cannot justify recusal".
As for the reason behind recusing himself from hearing the case, Justice Chanda stated that since the two persons involved in it “belong to the highest echelon of the state politics", in the name of “saving the judiciary, some opportunists have already emerged”.
“These trouble-mongers will try to keep the controversy alive and create newer controversies... It would be contrary to the interest of justice if such unwarranted squabble continues along with the trial of the case and such attempts should be thwarted at the threshold,” stated Justice Chanda in the order.