New Delhi, April 24.
Chief Justice of India D.Y. Chandrachud on Monday said that judges cannot give interviews on any pending case and if they do, must refrain from hearing the case.
The CJI was reacting to statements in court that Calcutta High Court judge Abhijit Gangopadhyay spoke to a Kolkata newspaper regarding TMC leader Abhishek Bannerjee when he was dealing with the case.
This was drawn to the court’s attention by senior advocate Abhishek Manu Singhvi.
“… this just cannot be done. Please see a report of the court proceeding with a quote from the judge,” Singhvi told the bench. “This is unprecedented.”
The bench, which also comprised Justice P.S. Narasimha said, that judges must not speak on pending cases and if they do, must step aside and not hear the case.
CJI Chandrachud said that judges cannot clarify everything that has been reported.
Justice Gangopadhyay is reported to have spoken against Bannerjee in connection with a teachers’ recruitment scam. He came to the top court complaining against the judge and the High Court orders against him.
Any adverse comments against a particular party in a case would indicate a prejudiced mind, and not an open mind. In such a case, the judge has to let go of the case. That is an unwritten rule.
The bench led by the CJI asked the High Court registrar general to confirm whether the judge had given an interview regarding a pending case.
If he has, the bench, indicated, the CJI would have no option but to request the High Court Chief Justice to assign the case to some other bench, CJI Chandrachud remarked.
The registrar general has to file an affidavit by Friday.
“This cannot be the way,” CJI Chandrachud remarked, especially when the case involved a political personality.
Bannerjee alleged in his plea that the judge had not only verbalised his dislike of him but also asked the CBI and the ED to probe despite the fact that he was unconnected with the case that was being heard.
