Supreme Court Addresses Recusal Issue in Punjab and Haryana High Court
The Supreme Court of India intervened on Wednesday after reports emerged that four consecutive benches of the Punjab and Haryana High Court had recused themselves from a case challenging the dismissal of a former judicial officer. This prompted a strong response from a bench comprised of Chief Justice of India Surya Kant and Justice V Mohana, who warned of “serious consequences” should any attempts be made to obstruct judicial proceedings.
While presenting a transfer petition, Advocate Amrish Kumar Jain informed the Supreme Court that Justices Lisa Gill (then Chief Justice), Sanjiv Berry, Ashwini Kumar Mishra, and Dipak Sibal had each stepped down from the matter. In response, Chief Justice Surya Kant expressed his intent to investigate the recusals, stating, “I would like to know who are the judges. So then I am going to make an inquiry into what kind of activities you are indulging in.”
The Chief Justice further suggested that senior advocates might be influencing the repeated recusals, noting, “Three or four so-called senior advocates are creating havoc. I am closely watching the thing,” and advised Advocate Jain to proceed without enlisting senior counsel.
Supreme Court’s Directive on the Recusal Issue
Despite the request to transfer the petition to a different High Court, the Supreme Court opted against such a move. Instead, it instructed the Acting Chief Justice of the Punjab and Haryana High Court to form a two-judge division bench to hear the case. Importantly, the Supreme Court advised the nominated judges against recusing themselves, “irrespective of the situations that may be created by anyone.”
The Supreme Court decreed that the case be scheduled for a day-to-day hearing starting on July 13. Furthermore, the Registrar General of the High Court was tasked with submitting a compliance report to the Supreme Court once the judgment is reserved.
