11 May 2022 6:52 AM GMT
The Supreme Court, on Wednesday, Justice Krishna Murari recuses from hearing the plea filed by the Chief Executive Officer of New Okhla Industrial Development Authority(NOIDA) Ritu Maheshwari IAS, challenging order of the High Court, wherein warrant was issued against her by the Allahabad High Court to ensure her presence in a contempt proceeding. On Monday (9th April), the Bench led...
The Supreme Court, on Wednesday, Justice Krishna Murari recuses from hearing the plea filed by the Chief Executive Officer of New Okhla Industrial Development Authority(NOIDA) Ritu Maheshwari IAS, challenging order of the High Court, wherein warrant was issued against her by the Allahabad High Court to ensure her presence in a contempt proceeding.
On Monday (9th April), the Bench led by the Chief Justice of India, N.V. Ramana had stayed the non-bailable warrant against Maheshwari. The Allahabad High Court had ordered the police to arrest her and bring her to the Court on May 13. While staying the warrant, the Apex Court had refused to grant urgent relief observing that IAS officers disobeying court orders ought to "face the music".
On 10.05.2022, Senior Advocate Mukul Rohatgi appearing for Maheshwari submitted that his client had reached the High Court but got late. The CJI asked the registry to list the matter before the appropriate Bench on Wednesday (11th May).
As the matter came up before the Bench comprising Justices Abdul Nazeer and Krishna Murari, Justice Nazeer informed the parties that -
"Brother has some disability here."
Senior Advocate Mr. Vikas Singh appearing for the respondent, submitted that the respondents would have no issue in this regard.
Justice Nazeer asked the Counsels for the parties, "Can we have it after vacation?"
Mr. Singh objected to the same, stating that the matter is listed before the High Court on Friday.
"No, tomorrow, it is listed the day after tomorrow in the High Court. In this case it was on mentioning, the judge didn't even have the file before him."
He was also apprehensive that if the matter is listed on Friday before the Apex Court, Maheshwari would not appear before the High Court.
"Then she will not appear on Friday. Let her take an undertaking that she will go on Friday."
Raising objection, Mr. Rohatgi asserted, "She will not go, why will she go?"
Justice Nazeer adjourned the matter to Friday considering the fact that the file would have to be resubmitted to the Hon'ble Bench as Justice Murari has recused now, and the same would take some time. The Bench directed -
"The matter not to be listed before…J. Krishna Murari. Since the matter is urgent, list it on Friday after taking appropriate orders from CJI. Interim orders to continue."
Mr. Singh beseeched the Bench not to mention anything with respect to the interim relief in the order as the stay granted by the bench headed by CJI will continue till the time the matter is heard.
"That would not be proper, if your lord is not recusing then your lordships may adjourn. This interim order is not till today, it is continuing."
The Bench considered his submission and deleted the sentence pertaining to the continuance of interim order.
Mr. Singh requested Justice Nazeer be a part of the Bench to adjudicate the present matter as the judgment in the original case was authored by him.
"But, Justice Nazeer has written the original judgment that is why it is before your lordships. So it has to be a Bench where your lordship is a part."
On 02.04.2022, Maheshwari was asked to remain present before the High Court on 05.05.2022. When the Court took up the matter on 05.05.2022, it was apprised that she was set to catch her flight to Prayagraj at 10:30 a.m.
Case Title: Ritu Maheshwari v. Manorama Kuchhal
Counsel for the Petitioner: Senior Advocate Mukul Rohatgi
Counsel for The Respondent: Senior Advocate Mr. Vikas Singh, Tishampati Sen, Ridhi Sancheti