The hearing in the politically sensitive disclosures of payoffs to high functionaries mentioned in the Birla-Sahara diaries, which are being examined in a PIl by the Supreme Court, took an explosive turn on Friday, when advocate Prashant Bhauhan, the lawyer of the petitioner Common Cause, took objection to one of the judges-Justice JS Khehar- hearing the case and sought his recusal. The Court did not take it lightly.
The Bench of Justices JS Khehar and Arun Mishra termed it “unfair” as this demand was never made on previous two occasions when the case was heard. Bhushan apprehended that the Bench may not be fair in deciding the PIl since it involves high functionaries such as the Prime Minster and Chief Ministers.
Since Justice Khehar is due to become the next CJI on January 4, Bhushan said that it will give a wrong impression among public if the matter is to be heard by him at a time when the file for his elevation is pending with the Government.
Bhushan’s request for Justice Khehar’s recusal came after the Court refused to grant him further time to place additional documents in support of his petition.
Justice Khehar found the allegation against him to be too “serious”. He said, “If you had no confidence in me, why did you not raise it on the earlier two occasionsIJ It is very unfair on your part to raise it now.”
Deprecating Bhushan, Justice Mishra said that his conduct amounts to sheer contempt of court. “We cannot be held to ransom…you doubt constitutional functionaries as if we will succumb to any pressure,” the judge said.
Attorney General Mukul Rohatgi, who was pained after hearing Bhushan, dismissed it as “cheap tactic” and requested the bench to continue with the matter in January.