Supreme Court takes exception to plea seeking probe into Karnataka HC judge

The plea sought a probe into why the judge had recused himself from hearing three cases.

New Delhi: The Supreme Court on Thursday took exception to a plea seeking probe into why Karnataka High Court judge Justice M Nagaprasanna recused himself from hearing three matters.

A bench of Justices Abhay S Oka, Ahsanuddin Amanullah and Augustine George Masih also pulled up the petitioner over the manner of filing the petition, terming it as "highly objectionable".

The bench asked if it is feasible to make such a plea as recusal is related to the discretion of a judge.

"What is this? This will send wrong signals. Guidelines is fine but you can't seek a relief directing probe into circumstances...it will show some other motive is there. You want to press," the bench asked the counsel, appearing for petitioner Chandraprabha and others.

The court said the plea lacked bona fide.

"You should seek relief only on principles. What was the need for putting allegations against all private parties and casting aspersions against the judges," the bench asked.

"Are the judges also so weak according to you? Lokayukta can influence judicial outcomes? Writ has been filed in an oblique manner, we are not sure of the motivations. If judge stays up till 7 pm you are not bothered about it," the bench said.

The court said it was prima facie not satisfied with the plea.

"We cannot probe the discretion of the judge," the bench said.

The court finally allowed the petitioner to withdraw the plea.

In its order, the bench said, "After perusing the petition and hearing petitioner, we found objectionable and irrelevant aversions casting aspersions against judges were made on recusal after the case was reserved. The petitioner sought to withdraw the petition, we allow the same".

The court also clarified it has not adjudicated whether it will be appropriate to lay down guidelines for recusal.