The PIL Watch Group views with concern the developments unfolding in judiciary – and not just on Kashmir issue. In the case of Gautam Navlakha’s bail plea which is being heard in the Supreme Court the entire bench of three judges recused itself on 01.10.2019. The order as uploaded on Supreme Court’s official website reads:

“List on 03.10.2019 before a Bench of which none of us (N.V. Ramana, R.Subhash Reddy and B.R. Gavai, JJ.) are members.”

On 01.10.2019 during the hearing Justice Ramana after talking to Justice Gavai had clearly said that Justice Gavai wants to recuse himself from the case. Then Navlakha’s lawyer Ms. Nitya Ramakrishnan submitted that the case may be listed on 3.10.2019. No reasons have been cited by the entire bench for its recusal. Accordingly media reports since yesterday were to the effect that Justice Gavai had recused himself from the case.

Earlier on 30.09.2019 the Chief Justice of India had recused himself from the case while Dr.Abhishek Manu Singhvi, Senior Advocate and others had appeared for Navlakha. The order of 30.09.2019 reads:

“List this matter before a Bench wherein one of us, (RanjanGogoi, CJI.), is not a member. The Registry is directed to do the needful.”

Even the CJI did not give any reasons for recusal. Judicial propriety and transparency demands that when a judge recuses from a case reasons should be given.

One of us was present in court during the hearing on 01.10.2019.

Dr. P.S. Sahni & Shobha Aggarwal

PIL Watch Group



One Comment

  1. Avatar Dr. P. S. Sahni says:

    Today morning i.e. 03.10.2019, Justice Ravindra Bhat who was on the bench with Justices Arun Mishra and Vineet Saran recused himself from hearing Navlakha’s plea!!!