‘Nobody can force a judge to recuse from any case’

Citing the affidavit and the complaint lodged to Chief Justice Indira Banerjee on February 1, 2018, stating that he should recuse himself from hearing the present writ petition Justice S Vaidyanathan said, “When arguments have been completed and only a decision needs to be taken as to whether the places in question have got to be inspected to ascertain the correctness of the videographs/photographs of the encroachments, I have to discharge my duties based on the oath taken, more particularly in the light of the term without fear or favour.”

Further, making it clear that the petitioners fearing that if he visits the places in question, not only the factum of the petitioner-Association having not been allotted one cent of land, but also that commercial complexes have come up, would come to light, the judge in his order also held that some of the persons, without even a title to the property, have sold them, which had been clandestinely registered.” 

“Hence, to take out the matter from the list, the affidavit, has been filed by the petitioner enclosing the letter, addressed by the petitioner to the Chief Justice seeking the recusal,” the judge added.

Also, pointing out that the conversation made by this Court between the petitioners counsel and the respondents counsel, had been extracted in the said letter/ complaint addressed to the Chief Justice, Justice Vaidyanathan said, “The Apex Court has held that it is open for the Court to pose questions or suggest settlement to give a quietus to the matter, more particularly in the light of mediation/conciliation, etc. The entire argument has been addressed in this matter and this Court is empowered to ask any question or make any observations and ultimately, the judgment alone will speak.” 

“The act of the petitioner, who is said to have given the complaint to the Chief Justice, amounts to interference with the Judiciary. Any judge can express a view in the open court and ask questions by way of clarification. Whether the letter/ complaint, given by the petitioner to the Chief Justice, would amount to contempt or not, is for the Chief Justice to take a decision,” Justice Vaidyanathan added.