- Home
- /
- News Updates
- /
- Mamata Banerjee's Application...
Mamata Banerjee's Application Seeking Justice Kaushik Chanda's Recusal: Calcutta High Court To Pronounce Judgment On July 7
Sparsh Upadhyay
5 July 2021 9:54 PM IST
A single bench of Justice Kausik Chanda of the Calcutta High Court will pronounce Judgment on July 7 on an application moved by West Bengal Chief Minister Mamata Banerjee seeking his recusal from hearing her election petition.Banerjee's petition has challenged the election of BJP candidate Suvendhu Adhikari from the Nandigram Constituency in the recently held West Bengal assembly polls.Filing...
A single bench of Justice Kausik Chanda of the Calcutta High Court will pronounce Judgment on July 7 on an application moved by West Bengal Chief Minister Mamata Banerjee seeking his recusal from hearing her election petition.
Banerjee's petition has challenged the election of BJP candidate Suvendhu Adhikari from the Nandigram Constituency in the recently held West Bengal assembly polls.
Filing an application, the Chief Minister had objected to Justice Chanda hearing her petition citing "likelihood of bias "due to the associations he had with BJP during his days as a lawyer.
#JustIn: #CalcuttaHighCourt to pronounce on July 7 Judgment in Election plea of @MamataOfficial, wherein she has moved an application seeking Justice Kaushik Chanda's recusal from hearing the plea. pic.twitter.com/893YHbuv7D
— Live Law (@LiveLawIndia) July 5, 2021
Earlier, West Bengal's Chief Minister Mamata Banerjee had also written a letter to the Acting Chief Justice of the Calcutta High Court Rajesh Bindal urging him to reassign her Election Petition to another judge (other than Justice Kausik Chanda) to avoid prejudice against herself.
The Letter has been written by AOR Sanjay Basu in connection with her Election Petition challenging Suvendu Adhikari's election win from the Nandigram constituency in the West Bengal Assembly Polls. The matter is slated to be heard next week on Thursday (June 24).
During the course of the hearing on June 24, a question was posed by Justice Chanda to Senior Advocate Dr.Abhishek Manu Singhvi, appearing on behalf of Mamata Banerjee, as to why the aspect of recusal wasn't raised before the Bench during the last hearing on June 18.
"This case was listed before me on 18th. That day no one said that Petitioner has sought re-assignment apprehending bias? Is it not the duty of the Counsel to point this out? You appear in Courts across the country Dr. Singhvi, what is the standard practice?" the judge asked.
Stating that there was a "clear conflict of interest" in the matter, Singhvi went ahead to submit that the judge may decide the application of recusal judicially and that the order will be subject to challenge either way.
Highlighting the reasons for the apprehension of bias, Singhvi submitted that Justice Chanda has been "closely associated with BJP" and that he was earlier the head of Legal Cell of BJP and has also appeared previously on behalf of BJP in various cases.
"It is the duty of the Court to see that proceedings are free from any partiality. Justice must not only be done but seen to be done. If fair minded people are likely to pre-judge the case, they will not have confidence in the justice system. A recusal application was filed at the earliest possible opportunity. This answer your Lordship's query- nothing has happened yet that this Court cannot decide the recusal application." Singhvi submitted.
Hearing this, Justice Chanda stated that the petitioner has full right to move for recusal and that matter will be decided judicially.
