Justice Patil recuses, orders contempt action against Basha

 The Court also ordered to initiate contempt proceedings against complainant, Sirajin Basha.
“In order to uphold the standards in judiciary, I have no hesitation to say that I do not intend to hear the matter. I recuse from hearing the matter,” Justice Patil said after hearing day-long arguments. Sirajin Basha had filed an affidavit on Friday saying that he was hurt by some remarks of the Court against him and that the matter be heard by any other judge.

His advocate, Hashmath Pasha, sought to retire from the case on the ground that Basha had filed the affidavit without his (Pasha’s) knowledge. The court had allowed the prayer.

While hearing the matter on Saturday, Justice Patil objected to some contentions in the affidavit of Basha. Referring to the charge that he had not been given an opportunity to present his case despite filing a caveat, the judge said caveat had nothing to do with the present case. He noted that the caveat pertained to the matter before the Division Bench.
 
“We have to protect purity in administration of Justice. He claims himself to be an advocate in the High Court. Is this in the interest of the law? Can he stoop to this level and file an affidavit?. Today he (Basha) might say no. Tomorrow others will join him in bench hunting. I will be failed in delivering my duties,” said Justice Patil. Taking serious note of ‘factually incorrect’ statements in the affidavit, the Court directed the registry to initiate contempt proceedings against the complainant.

Earlier, Supreme Court senior counsel Anup Chowdhury submitted that the plea for recusal should not be taken offensively and recusal will enhance the majesty of the Court. “The respondent has not used the word biased. This is not a case where the court should be offended,” he said.