Jharkhand High Court Issues Notice To Advocate General & Addl Advocate General In Contempt Plea Against Them

The Jharkhand High Court on Wednesday issued notice to the Advocate General Rajiv Ranjan Mishra and Additional Advocate General Sachin Kumar in a petition seeking initiation of criminal contempt proceedings against them over their alleged remarks and conduct while seeking recusal of Justice Sanjay Kumar Dwivedi.

The Advocate General had sought the recusal of Justice Dwivedi from a matter saying that he had overheard the counsel for the petitioner in that matter saying that the case will be allowed "200%".

As per the contempt petition, the AG had behaved without respect for the court while seeking the judge's recusal and had also refused to file an affidavit despite Court's directions to do so, saying that his oral submission was sufficient. Further, it was alleged that the Additional Advocate General, Mr. Sachin Kumar, misbehaved in the Court with the counsels for the opposite party.

On having sought the recusal, Justice Dwivedi had remarked that merely on such submission of the learned Advocate General, the Court is not required to recuse from the case as nothing should come in the way of the dispensation of justice or discharge of duty as a Judge and judicial decision-making.

He referred to Indore Development Authority v. Manohar Lal & Ors (2020) where Justice Arun Mishra while refusing to recuse had remarked,

"Recusal is not to be forced by any litigant to choose a Bench. It is for the Judge to decide to recuse. The embarrassment of hearing the lengthy arguments for recusal should not be a compelling reason to recuse."

However, with a view to protect 'the faith that the common man reposes in the judiciary', Justice Dwivedi announced his recusal directing to place the matter Hon'ble the Chief Justice on the administrative side. However, the Chief Justice was directed to continue the hearing in the Court of Justice Dwivedi.

 Title: Devanand Oraon v. The State of Jharkhand & Others

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