Court violence: Chief Justice recuses from hearing PILs

Chief Justice Vikramajit Sen on Thursday recused himself from hearing public interest litigations, which sought initiation of disciplinary action against the police and the media for alleged attacks on advocates in the City Civil Courts complex on March 2, 2012.

The Division Bench, comprising Chief Justice Vikramajit Sen and Justice B V Nagarathna, in its order said: “In the context of the events that transpired on March 2, the subject matter of these proceedings, one of us (Chief Justice) was of the opinion that it would be proper to recuse himself.”

The Bench said it needs to be put on record that none of the parties to the dispute has attempted to influence the Bench and listed the petition for April 16.  The PILs were being heard by the bench, comprising Chief Justice Sen and Justice Nagarathna.  

Detailing the reason for Chief Justice Sen recusing from the hearing, the bench said this is for the reason that from 11.30 am on that day, court proceedings had to be discontinued for the Chief Justice to remain abreast of happenings in the City Civil Courts complex and its environs.

“The Home Minister and the Law Minister and the Director General of Police were in confabulation with the Chief Justice almost immediately,” said the order.

The bench further said the Chief Justice is privy to conversations in this regard and instructions given by these authorities to various officers in the course of that day. The order also said the Chief Justice had met office-bearers of the petitioner's Association and several lawyers many times, all of whom recounted their version of the incidents that day.

The bench noted that justice must not be tampered with, by the personal knowledge or reactions or assessments of the judge, having regard to the inputs he has received from any quarters; decisions should not be affected by any prejudice which may come about because of his personal involvement, albeit purely in an administrative capacity.

The order also pointed that as arguments have advanced, it has become 'manifestly clear' that the Chief Justice had been kept abreast of events which transpired on that day as well as subsequently.

“The same may appear to pervade the appreciation of the case of the adversaries in its proper perspective,” the order said. It can be noted here that a total of 65 persons were injured during the clash between media and advocates on March 2 and the list includes 52 police personnel.

Advocates, on that day, were protesting the presence of representatives from print and electronic media to cover the appearance of former minister G Janardhana Reddy in a mining case in the City Civil Courts complex.