Judge Subhash Vidyarthi steps down from the case after petitioner’s social media posts cast aspersions on court’s impartiality.
In a significant development, the Allahabad High Court, Lucknow Bench, witnessed a recusal by Justice Subhash Vidyarthi from a contentious legal proceeding involving petitioner S. Vignesh Shishir against prominent political figure Sri Rahul Gandhi and others. The decision came following a series of social media posts by the petitioner, which were deemed to undermine the court's dignity and impartiality.
The case, filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, revolved around procedural issues concerning the issuance of notices in legal proceedings. Initially, the court had dictated a judgment in open court but refrained from signing and uploading the order due to the discovery of a relevant Full Bench decision from a prior case, Jagannath Verma v. State of U.P., which necessitated the issuance of notice to the proposed accused before proceeding.
The controversy escalated when the petitioner took to social media, alleging undue influence and conspiracy involving political parties and deep state elements. His posts suggested a lack of faith in the judicial process, prompting Justice Vidyarthi to recuse himself, citing the need to maintain the court's integrity and impartiality.
Justice Vidyarthi expressed disappointment over the failure of legal counsel to provide accurate legal guidance, which could have averted the procedural misstep. The judgment emphasized the duty of legal representatives to uphold the justice system by offering precise and truthful legal advice, as underscored in precedents like Lal Bahadur Gautam v. State of U.P. and D.P. Chadha v. Triyugi Narain Mishra.
The case now awaits reassignment by the Chief Justice of the Allahabad High Court, who will nominate another bench to continue the proceedings. This incident underscores the delicate balance between public discourse and judicial conduct, highlighting the judiciary's commitment to impartiality amidst external pressures.
Bottom Line:
A judge may recuse from a case when a litigant casts aspersions on the Court, undermining judicial propriety and impartiality.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 528, 173(4), 175(3); CrPC Section 397.
S. Vignesh Shishir v. Sri Rahul Gandhi, (Allahabad)(Lucknow) : Law Finder Doc id # 2885812
