Jharkhand Advocate General Seeks Recusal Of HC Judge Claiming He Overheard Petitioner's Counsel Saying Case Will Be Allowed 200%

Sparsh Upadhyay

13 Aug 2021 6:15 PM GMT

  • Jharkhand Advocate General Seeks Recusal Of HC Judge Claiming He Overheard Petitioners Counsel Saying Case Will Be Allowed 200%

    Justice Sanjay Kumar Dwivedi of Jharkhand High Court today directed to place a matter (being heard by him) before the Chief Justice after Jharkhand Advocate General Rajiv Ranjan's sought his recusal on the ground that he overheard the petitioner's counsel saying that the matter will be allowed in favor of the petitioner. However, Justice Dwivedi did observe that merely on...

    Justice Sanjay Kumar Dwivedi of Jharkhand High Court today directed to place a matter (being heard by him) before the Chief Justice after Jharkhand Advocate General Rajiv Ranjan's sought his recusal on the ground that he overheard the petitioner's counsel saying that the matter will be allowed in favor of the petitioner.

    However, Justice Dwivedi did observe that merely on such submission of the Advocate General, the Court is not required to recuse from the case.

    "…nothing should come in the way of the dispensation of justice or discharge of duty as a Judge and judicial decision-making," Justice Dwivedi further added.

    Justice Dwivedi's recusal was sought by the Jharkhand AG during the course of the hearing on a petition filed by the father of a woman police officer/ deceased who was found hanging at her official police quarters.

    Today when the matter was taken up, at the outset, the Advocate General submitted that after the end of the proceeding in this very matter on August 11, 2021, he had heard the counsel for the petitioner saying that 200% the matter is going to be allowed.

    Therefore, he submitted that the matter should go out of list of this Court.

    However, when the Court asked the Advocate General to file the affidavit in this regard, he submitted that he refused to do so and said that what his oral submission was sufficient.

    On the other hand, Mr. Rajiv Sinha, A.S.G.I. appearing for the CBI submitted that this was not the way to address the Court and that what had happened amounted to directly casting aspersion on the majesty of the Court and that it should be stopped.

    However, the Court went ahead to direct the placing of the matter before the Chief Justice on the administrative side to take an administrative decision "with a view to faith that the common man reposes in the judiciary."

    Case title - Devanand Oraon v. The State of Jharkhand & Others

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