Wednesday 7 May 2014

Guidelines of SC on calculated psychological offensives' adopted to seek recusal of Judges

Supreme Court: This Court through Jagdish Singh Khehar and K.S. Radhakrishnan, JJ while denying bail to Sahara chief Subrata Roy, referred to the 'rebellious' demeanor of the Sahara companies of non-compliance with the orders of this Court and their willful non-payment of refund money as the basis of arrest and even re-arrest by the Court under the provisions of C.P.C. and Cr.P.C. The Court emphasized upon the appropriateness of the Bench and termed the request to recusal by counsels for petitioners as “theatrics” to delay the proceedings. The Bench inter alia after referring to the personal hearing being afforded to Subrata Roy where he was 'heard repeatedly to his heart's content' discarded the ferocious arguments of non-compliance with Natural Justice by the Court.
While dismissing this Habeas Corpus petition the Court concluded in the form of guidelines to all courts that any sort of 'calculated psychological offensives' adopted to seek recusal of Judges and questioning their impartiality and integrity, need to be strongly repulsed and that 'Courts have the power to enforce compliance of judicial orders, and also, the power to punish for contempt' besides it also suggested the implementation of a Code of Compulsory Costs to avoid frivolous litigation of this kind taking up umpteen Judges hours. [Subrata Roy Sahara v. Union of India, Writ Petition (Crl) No. 57 of 2014; Decided on May 6, 2014]
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