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Justice Shampa Sarkar Of Calcutta High Court To Hear Mamata Banerjee's Election Petition Tomorrow

Sparsh Upadhyay

13 July 2021 2:08 PM GMT

    • Justice Shampa Sarkar Of Calcutta High Court To Hear Mamata Banerjees Election Petition Tomorrow

    After Justice Kausik Chanda of the Calcutta High Court decided to recuse from hearing West Bengal Chief Minister Mamata Banerjee's Election petition, the matter has now been assigned to the bench of Justice Shampa Sarkar.Banerjee's petition had challenged the election of BJP candidate Suvendhu Adhikari from the Nandigram Constituency in the recently held West Bengal assembly polls.Filing...

    After Justice Kausik Chanda of the Calcutta High Court decided to recuse from hearing West Bengal Chief Minister Mamata Banerjee's Election petition, the matter has now been assigned to the bench of Justice Shampa Sarkar.

    Banerjee's petition had challenged the election of BJP candidate Suvendhu Adhikari from the Nandigram Constituency in the recently held West Bengal assembly polls.

    Filing an application, the Chief Minister had objected to Justice Chanda hearing her petition citing "likelihood of bias "due to the associations he had with BJP during his days as a lawyer.

    Recusing himself from hearing the case, Justice Chanda had imposed a cost of Rs 5 lakhs on Mamata Banerjee for the manner in which the application seeking recusal was moved.

    In the order pronounced last week, Justice Chanda said that every person has political inclinations and it was preposterous to think that a judge will not be able to do his duty without a sense of detachment.

    "I am unable to persuade myself to agree to the proposition as advanced by Mr. Singhvi that there is a conflict of interest in the matter...The argument of Mr. Singhvi takes too sombre a view of the integrity of a Judge. When a litigant raises the question of bias against a Judge, who has taken the oath to discharge his duties without any fear or favour, the test has to be a real likelihood of bias or real danger of bias. The appearance of impartiality, in such a case, should not be viewed from the perspective of a common man," he observed.
    The Judge continued,

    "I have no personal inclination to hear out the case of the petitioner. I had no hesitation in taking up the case, either. It is my constitutional obligation and duty to hear out a case assigned to me by the Hon'ble Chief Justice neutrally and dispassionately."

    However, he added that he has decided to recuse from hearing the case.

    "I have however decided to recuse myself from this case", he said.
    "Since the two persons involved in this case belong to the highest echelon of the State politics, in the name of saving the judiciary, some opportunists have already emerged. These trouble-mongers will try to keep the controversy alive and create newer controversies...It would be contrary to the interest of justice if such unwarranted squabble continues along with the trial of the case, and such attempts should be thwarted at the threshold. The hearing of the case should proceed seamlessly, like any other litigation before this Court," he added in the order.
    Earlier, during the course of the hearing on June 24, a question was posed by Justice Chanda to Senior Advocate Dr.Abhishek Manu Singhvi, appearing on behalf of Mamata Banerjee, as to why the aspect of recusal wasn't raised before the Bench during the last hearing on June 18.
    "This case was listed before me on 18th. That day no one said that Petitioner has sought re-assignment apprehending bias? Is it not the duty of the Counsel to point this out? You appear in Courts across the country Dr. Singhvi, what is the standard practice?" the judge asked.
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    Justice Shampa Sarkar#Justice Shampa Sarkar#Justice Kausik ChandaJustice Kausik Chanda#Calcutta High CourtCalcutta High CourtMamata BanerjeeWest Bengal CM Mamata BanerjeeSuvendu AdhikariBJP MLA Suvendu Adhikari
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