PRAYAGRAJ A judge of the Allahabad high court recused himself from hearing a batch of bail applications after an alleged attempt was made by a litigant to establish direct contact with the presiding judge following the conclusion of arguments.
Event Context
Justice Krishan Pahal, who was hearing the bail application of Bhola Prasad, an accused in a codeine cough syrup smuggling case, observed that the incident amounted to a serious attempt to interfere with the independence of the judiciary.
In a strongly worded order, the court described the incident as a “black day in the history of the court” and reiterated that “the sanctity of judicial proceedings does not merely require that justice be done, it demands that justice must manifestly and unquestionably appear to have been done.”
The court was hearing a number of bail applications in which the application filed by one Bhola Prasad was the leading one.
“Any attempt by a litigant or counsel to establish an extra-judicial channel of communication with a Judge in relation to a pending matter is wholly incompatible with the ethics governing the legal profession and the constitutional values underpinning an independent judiciary”, the court added.
The court, in its order dated July 30, further said: “This court records with profound anguish and an abiding sense of institutional responsibility that the present episode marks a black day in the history of this court. The very edifice of the judicial institution rests upon the unwavering confidence of the public that justice is administered impartially, fearlessly, and without any extraneous influence.”
The court noted that arguments in all the connected bail matters had already concluded and orders had been reserved. However, after the hearing, an alleged attempt was made on behalf of the accused to directly approach and influence the presiding judge.
“Accordingly, the matters stand released from this court. Let the cases be placed before the Chief Justice of Allahabad high court for assignment to an appropriate bench,” it added.
The matters are now scheduled to be taken up on August 7 before a Bench to be nominated by the Chief Justice.
Team Analysis
The court said in order to preserve the dignity of the institution, to protect the purity of the judicial process and to eliminate even the faintest apprehension regarding the impartiality of the adjudication, this court deems it proper to recuse itself from further consideration of the cases.
