Case Note & Summary
The Supreme Court was hearing a special leave petition (SLP (Crl.) No. 9445 of 2022) filed by Sanjiv Kumar Rajendrabhai Bhatt against the State of Gujarat and another respondent. During the hearing, the petitioner circulated a letter requesting one of the judges (M.R. Shah, J.) to recuse from the matter on the ground that while deciding a case in 2011 arising from the same FIR, the judge had made strictures against the petitioner's conduct regarding delaying tactics. The petitioner relied on the principles laid down in Ranjit Thakur v. Union of India and Locabail (U.K.) Ltd. v. Bayfield Properties Ltd. The respondents opposed the prayer, arguing that it was an attempt to abuse the process of law and indulge in forum shopping and bench hunting. They pointed out that the petitioner had earlier approached the same Bench in SLP (Crl.) Diary No. 2028 of 2020 arising from the same FIR without raising any objection. The Court noted that the present SLP had been adjourned on several occasions after the letter dated 09.11.2022, but the letter was not pressed until the matter was actually taken up for hearing. The Court held that the recusal request was mala fide and an attempt to avoid the Bench, and deprecated such conduct. The Court dismissed the recusal request.
Headnote
A) Criminal Procedure - Recusal of Judge - Bias - Strictures in Earlier Proceeding - Petitioner sought recusal of one of the judges on the ground that while deciding a matter in 2011 arising from the same FIR, the judge had made strictures against the petitioner's conduct regarding delaying tactics - The Court held that the recusal request was nothing but an attempt to indulge in Forum Shopping and Bench Hunting and to avoid the Bench with mala fide intention - The petitioner had earlier appeared before the same Bench in a related matter without raising any objection - The letter seeking recusal was not pressed on earlier occasions and was only pressed when the matter was taken up for hearing - Held that such conduct is to be deprecated (Paras 1-5).
Issue of Consideration
Whether a judge should recuse from hearing a matter based on strictures passed against the petitioner in a previous proceeding arising from the same FIR, and whether the recusal request is an attempt at forum shopping and bench hunting.
Final Decision
The Supreme Court dismissed the recusal request, holding it to be an attempt at forum shopping and bench hunting with mala fide intention, and deprecated the conduct.
Law Points
- Recusal
- Bias
- Forum Shopping
- Bench Hunting
- Abuse of Process
