A judge of the Allahabad High Court on Friday recused himself from hearing a batch of bail applications after an alleged attempt was made by a litigant to establish direct contact with the presiding judge following the conclusion of arguments.
Justice Krishna Pahal, who was hearing the bail application of Bhola Prasad, an accused in a codeine cough syrup smuggling case, observed that the incident amounted to a serious attempt to interfere with the independence of the judiciary. In a strongly worded order, the Court described the incident as a "black day in the history of the Court" and reiterated the fundamental principle that "justice must not only be done, but must also be seen to be done".
The Court noted that arguments in all the connected bail matters had already concluded and orders had been reserved. However, after the hearing, an alleged attempt was made on behalf of the accused to directly approach and influence the presiding judge.
Justice Pahal observed that overlooking such conduct could erode public confidence in the judicial system. The Court further remarked that even if the decision ultimately favoured the party whose case appeared stronger on the merits, it could create an impression that the outcome had been influenced by extraneous considerations.
To preserve the fairness and credibility of the judicial process, Justice Pahal recused himself from the matters and directed that around 80 connected bail applications be placed before the Chief Justice for assignment to an appropriate Bench. The matters are now scheduled to be taken up on August 7 before a Bench to be nominated by the Chief Justice.
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