5th SC judge recuses from hearing Navlakha petition
BHIMA KOREGAON CASE Next hearing today, when activist’s protection from arrest expires
NEW DELHI: Justice S Ravindra Bhat on Thursday became the fifth Supreme Court (SC) judge to recuse himself from hearing a plea filed by civil rights activist Gautam Navlakha, who has challenged a Bombay high court order refusing to quash a first information report (FIR) lodged against him in the January 1, 2018 caste clashes at Bhima Koregaon in Maharasthra’s Pune district.
Navlakha’s interim protection from arrest granted by the high court ends on Friday.
On September 30, Chief Justice Ranjan Gogoi recused himself from hearing Navlakha’s plea. A day later, justice BR Gavai who sat with justices NV Ramana and Subhash Reddy, requested not to list the matter before him. The formal order, uploaded on the SC website later in the day, reflected that all the judges on the bench, including justices Ramana and Reddy had also recused themselves.
No one has specified a reason for their recusals, leaving it in the realm of speculation.
In India, there is no rule on judges recusing themselves from cases. It is their personal choice. However, it is usually based on sound reasons which the judge is not bound to disclose. Ethically a judge should not hear a case if either party is a past client.
Secretary General of the Supreme Court did not respond to queries on the matter.
On Thursday, justice Bhat was sitting with justices Arun Mishra and Vineet Saran when the appeal came up for hearing before the bench. Justice Mishra, being the senior most judge, headed the bench. Justice Bhat wished not to be part of the bench hearing the appeal and gave no reasons for the recusal.
When Navlakha’s lawyer, senior advocate Abhishek Manu Singhvi, informed the bench that the protection extended to the activist from arrest expired on Friday, justice Mishra assured him that the appeal would be heard on Friday. The top court shuts for a Dussehra break on October 5.
Singhvi declined to comment on the recusals, instead saying: “It’s understandable that justice Bhat, either possibly for having appeared or having being a member of PUDR [People’s Union for Democratic Rights] would have recused himself.” Navlakha’s plea is now listed before a special bench of justices Arun Mishra and Deepak Gupta.
On January 1, 2018, violence broke out in Bhima Koregaon on the 200th anniversary of a British-era war, leaving one person dead and 40 more injured.
The police alleged Navlakha and others accused in the case had Maoist links and were working towards toppling the government. They are accused of conspiring to foment the Bhima Koregaon clashes at an event held in Pune on December 31, 2017, called Elgar Parishad.
Navlakha has denied the charges and called it a political ploy to muzzle dissent. His lawyers have argued that the charges are without substance or proof.
On September 13, the high court refused to quash the FIR lodged against Navlakha in the case, noting that prima facie there was substance in the case.
The HC extended protection from arrest to Navlakha for three weeks to enable him to approach the SC. Navlakha and the other accused were booked under the Unlawful Activities Prevention Act (UAPA) and the Indian Penal Code.
Besides Navlakha, four others — Varavara Rao, a poet-activist; Arun Ferreira,lawyer; Vernon Gonsalves, an activist; and Sudha Bharadwaj, another civil rights activist — are accused in the case.
Supreme Court senior advocate Sanjay Hedge said judges recuse for a number of reasons, but primarily to avoid any situation where fingers are pointed at them. “Justice Markandey Katju had once recused him self from a case involving Reliance because he had some shares or units of Reliance .”