The recent sudden recusal by a Judge of the Bombay High Court at Goa from further hearing a high profile matter has rightly raised many an eyebrows. More so because he was hearing it for over a month with so much precious judicial time consumed and had even passed an interim order while hearing the same matter.
Appointed on 1st of January this year and directly posted at Goa, the Judge in question may have had compelling reasons to recuse from that matter but could have been prudent and left no room for misconception, if he had as some judges do orally stated the reason for the recusal.
Judges generally recuse from hearing a case when they feel that there is a conflict of interest involved or if someone from the litigating parties approaches the Judge.
In the interest of Transparency and Purity of the Justice delivery system, maybe it is time for all Judges to at least orally tell the parties the specific reason as to why they are compelled to recuse from hearing the case. Judges should take this initiative in the interest of justice and to be above doubts.
Indur K Chhugani,
C/o Manohar Makhija,
8, Ajwani Apartments,
16, Shankersheth Road,
Pune 411 042
29th September 2015
To,
Registrar General (Criminal),
Bombay High Court,
Mumbai – 400 032.
Subject : Criminal Appeal 951 Of 2015, to be heard
on 9th October 2015
Respected Sir,
The appellant has filed the above referred Criminal Appeal and from the contents of which, it is clear that numerous Judges of this high court have passed perverse orders deliberately, to help Shri V. L. Achliya, hide his misdeeds at the MPID Court in 2005, to enable him to be appointed as an High Court Judge on 18/10/2013. He was sworn is as Judge of the High Court on 21/10/2013.
It was with the help of Public Prosecutor ‘Justice’ Mrs Revati Mohite – Dere, that he obtained an order from the the Judges in Cr WP 2414/2005 on 27/9/2012.
Hence kindly ensure that this Criminal Appeal is NOT heard by the above 2 Judges or the below mentioned Judges, who have helped Shri V. L. Achliya hide is misdeeds of 2005.The names of judges and perverse orders they passed are mentioned below. Some of these Judges may have now retired.
1. Criminal application No 7912/2005
In Cr WP No 2414/2005
CORAM : D.G.DESHPANDE & V.M.KANADE, JJ.
DATED : 12th December 2005.
2. CRIMINAL APPLICATION NO.257 OF 2006
IN CRIMINAL WP NO.2414 OF 2005
CORAM: SHRI J.N.PATEL & SMT. ROSHAN D
Order on 21/9/2006
3. Criminal writ Petition No 2414/2005
CORAM : B.H. MARLAPALLE & SMT.ROSHAN DALVI, JJ. – Dated : 9TH SEPTEMBER, 2009
4. Criminal writ Petition No 2414/2005
CORAM : A.M. KHANWILKAR, & A.R. JOSHI, JJ.
ON: 27th SEPTEMBER, 2012
5. Criminal Writ Petion No 2561 / 2013
CORAM : V. M. KANADE, & M. S. SONAK, JJ.
DATE : DECEMBER 3, 2013
6. Criminal appeal No 1276 / 2013
CORAM: P.V. HARDAS & P.N. DESHMUKH, JJ.
DATED : DECEMBER 5, 2013
7. Application No 224/2013
In Cr WP 2414/2005
V. M. KANADE & A. R. JOSHI, JJ.
DATE: 10th December, 2013
8. Criminal Writ Petition No 2937 of 2013
CORAM : NARESH H. PATIL AND A.M. THIPSAY, JJ.
Date : 4th April, 2014
9. Justice A S Gadkari, who as APP appeared in this case before justice Marlapalle.
Also considering, the issues involved, this Appeal may kindly be heard by the full bench.
Most important is Interim Relief, of staying proceedings at the MPID Court regarding flats 501, 502, Pinky Panorama, from which Appellant and family were evicted forcibly on 06/12/2013.
With Best Regards,
Indur K Chhugani
Appellant – 098201 71571