'Unfortunate': Calcutta HC Judge Recuses From Hearing Saying Lawyer Approached Him Personally For Favourable Order

In an unprecedented development, Justice Shekhar B. Saraf of the Calcutta High Court on Friday recused from hearing a matter after alleging that a lawyer representing one of the parties had approached him personally to issue a favourable order. 

Calling the incident 'extremely unfortunate' Justice Saraf indicated to senior advocate Harish Salve who was appearing through video conferencing that the errant lawyer also belonged to the party the he was appearing for i.e. the petitioner. 

Consequently, senior counsel Salve underscored that he was returning the brief immediately by terming the entire incident to be 'obnoxious'. He also highlighted that unfortunately, this was not the first time that he was being made aware of such a complaint alleging corrupt practices.

Recusing from hearing the matter, Justice Saraf recorded in the order, 

"Due to circumstances which are quite unfortunate, I release this matter on my personal ground"

Courtroom exchange 

Justice Saraf remarked at the outset of the hearing in open Court while addressing senior counsel Harish Salve, 

 "It would have been my great fortune to have heard you in the matter, but circumstances are such that I shall not be able to do so at least on this occasion. And I will tell you why. I have been approached directly by somebody I would believe was from your side because that person indicated to me that you will appear in the matter.
It's extremely unfortunate that someone can walk into your chamber and approach you. That is the impression that people have of judges of this Court, or of judges across India. I was so shocked at that point that I didn't even say anything and just left it at that. I could have trapped that fellow later on; he wanted to meet me again on several occasions, but I chose not to and just kept away from him though he kept at it."

Expressing regret over such an incident, senior counsel Harish Salve remarked, 

"It is obnoxious my Lord, it is the worst possible thing..It is very unfortunate that this is what is being done...With a heavy heart I must say that this is not the first time that I heard a complaint like this..your Lordship should not hear this matter and I will not appear in this matter."

Justice Saraf further stated,"You see, the worst part is that your wisdom and intellect is being used to perpetuate intellectual dishonesty and corruption. By using a doyen of the Indian Bar, you try to push through an order."

To this, senior counsel Salve responded, "This is obnoxious..your Lordship should recuse. I will return the brief. "

Pertinently, Justice Saraf told Senior Advocate Dhruba Ghosh, also appearing for the petitioner, that he would disclose who that person was, in private. 

"I will tell you who that person is later", Justice Saraf remarked addressing Senior counsel Ghosh. 

Accordingly, the Judge proceeded to recuse from hearing the matter.

Justice Saraf also ended the hearing on a lighter note by telling Salve,

"I hope I get another opportunity. Because of this virtual connectivity, we get the opportunity to hear doyens of the Indian Bar. You should try and look for an opportunity to appear before me again!"

Case Title: In the goods of Mahesh Kumar Agarwal and Anr. v. Meena Agarwal and Ors 

Case Citation: 2022 LiveLaw (Cal) 76

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