'In interest of institution', high court Chief Justice withdraws case from judge after getting complaints

CHANDIGARH: The Chief Justice (CJ) of Punjab and Haryana high court has withdrawn a case from its judge "in the interest of the institution" and to "protect the reputation" of the judge after receiving "oral and written" complaints, according to an order from the CJ.

The court also asserted that the power of the Chief Justice to allocate a particular case to any particular bench or withdraw a particular case from any particular bench and allocate the same to any other judge is "untrammelled and immune from judicial scrutiny".

The order came after eminent lawyer Mukul Rohtagi , the counsel for the petitioner Roop Bansal, who had sought the quashing of an FIR registered against him by the Haryana Anti-Corruption Bureau under the Prevention of Corruption Act in Panchkula on April 17, had objected to the withdrawal of the case. The petition was heard by Justice Mahabir Singh Sindhu who reserved the judgement on May 2.

However, Chief Justice Sheel Nagu withdrew the case from Justice Sindhu after receiving some "oral and written" complaints and constituted another bench comprising himself and listed the matter on May 12, to "draw curtains to the controversy and save the institution and the concerned judge from any further embarrassment".

Rohtagi objected to withdrawal of the case, arguing that the matter which is "heard and reserved" by a bench holding roster, cannot be withdrawn from that roster to be heard by any other single bench including that of Chief Justice. "The reason for withdrawing this case from the Single Bench Criminal Roster of Justice Mahabir Singh Sindhu, was the receipt of complaint, (oral and written), which impelled the Chief Justice to requisition the record of this case from the said Single Bench and constitute another Single Bench comprising of Chief Justice on May 12 to give quietus to the complaint, draw curtains to the controversy and save the institution and the concerned Judge from any further embarrassment by deciding the case as expeditiously as possible," said the order which was passed on Friday.