North East Delhi riots accused Asif Iqbal Tanha on Friday objected to the proposed recusal of a judge hearing his petition against the alleged leak of his claimed “disclosure statement” in a case pertaining to the larger conspiracy behind the violence after a news broadcasters’ association filed an application in court, reports PTI.
The application for intervention in the matter is an “attempt to overreach the institution”, argued Tahna’s lawyer Siddharth Aggarwal before Justice Anup Jairam Bhambhani who suggested sending the plea to another judge on account of his past association with the organisation- News Broadcasters & Digital Association.
Emphasising that the plea has been heard substantially, Aggarwal said the application “calls for strictest handling” as it has been filed with an “ulterior motive”.
“All that is needed is some misconceived application from this organisation and your lordship will say I will not look at this matter. That is exactly what they want,” he argued.
The senior counsel said he will assist the court on the law of recusal, adding “This is the dirty tricks department at its worst and, if we do not stand up to this, I think are making it far too easy for people to do this exercise.”
Justice Bhambhani said he has no affinity for any matter and his “dilemma” in the present case was that he cannot even say “yes” or “no” to the application.
“My dilemma is that I can’t even say yes nor can I say no to this. Even that is taking a call on a matter where I have had past association..From my perspective, I cannot carry on with this matter. I have no particular affinity for any matter. So I have to recuse,” he said.
Justice must not only be done but must also be seen to be done, he said.
Justice must not only be done but must also be seen to be done, he said.
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