New Delhi, Sep 24 (PTI) The National Green Tribunal (NGT) has dismissed the plea of an advocate seeking recusal of a judicial member from a case regarding water pollution on the grounds of potential conflict of interest.
The NGT said it would destroy the “very substratum of justice system” if lawyers were allowed to create a ground for the judge’s recusal.
The tribunal also said that the appointment of amicus curiae (friend of the court) was the bench’s “sole prerogative” while rejecting the contentions of advocate Gaurav Bansal of a clash of interests as advocate Gaurav Agarwal, son of Justice Sudhir Agarwal, was being appointed as amicus by the bench of judicial member Justice Arun Kumar Tyagi.
A bench of judicial member Justice Sudhir Agarwal and expert member Afroz Ahmad was hearing Bansal’s plea seeking recusal of Justice Agarwal on the grounds of there being a reasonable apprehension of bias in hearing the matter.
In an order passed on September 20, the bench said, “In the case where an advocate or a party is allowed to create a ground and thereafter, seek recusal, it will destroy the very substratum of the justice system.
“(Because) when fanciful, false accusations are made against a judge, he has no platform to defend and if such accusations are taken on their face, it will be easy to indict or cast stigma or any charge at any point in time since he has no opportunity or occasion to defend himself.” The bench said when the information was put online that the bench would be rotated from May 13 and Justice Agarwal would be now sitting in the bench, steps were taken by Bansal to make out some grounds for seeking his recusal.
“This is a selective approach since in other matters Interlocutory Application (IA) applicant (Bansal) has no hitch in appearing before this bench. It shows that this IA lacks bonafide and is not based on cogent reasons.
“This kind of practice normally in judicial institutions is well-known and called as forum shopping or bench hunting. Such a practice/attempt has been severely criticized and it has been held that no such opportunity should be allowed to any person in this regard,” the bench said.
The NGT said the legal principles for recusal were well-established and a judge need not recuse himself on the mere asking of a party or counsel as it could encourage the negative trend of bench hunting.
The appointment of amicus curiae was the bench’s sole prerogative, it said, adding that the appointment of an advocate as the court’s friend could not be said to be representing a particular party, or a partisan stand to create a clash of interests.
“We also find from the record that certain false statements have been made in this IA…it is stated that Advocate G (Gaurav Agarwal) does not practice law before this tribunal but from the record of registry, we are informed that he has been appearing in tribunal at lease since 2016 in various cases,” the bench said.
It rejected the application, saying it was “not bona fide” as artificial grounds were created to move it before the tribunal. PTI MNR MNR KVK KVK
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