Punjab & Haryana High Court CJ Recuses From M3M Director's Plea To Quash FIR In Bribe Case Involving Trial Judge

The Punjab and Haryana High Court Chief Justice Sheel Nagu has recused from hearing the M3M director's plea to quash a 2023 FIR for alleged conspiracy to bribe a Trial Court judge.

Roop Bansal is accused under Sections 7,8,11,13 of the Prevention of Corruption Act and 120-B (criminal conspiracy) of the IPC.

CJ Nagu had earlier (May 23) withdrawn the case from a single judge, who had reserved verdict in the matter, following some complaints. The CJ had also declined the request for withdrawal of the case. "The way this case has been conducted...I would decline your request to withdraw it," the CJ had remarked.

As the matter was reassigned to his bench, Justice Nagu asked Bansal's counsel if he has any objection in this regard.

"The Chief Justice has dealt with it on administrative side wherein it has withdrawn the case from particular bench...hearing the case on judicial side...whether the principle that, justice should not only be done but seen to be done is breached?" he asked.

Senior advocate Abhishek Manu Singhvi appearing for Bansal then responded that he has instructions to take objections on this ground.

The CJ then ordered that the matter be placed on administrative side, so that it can be allotted to some other bench.

Senior Panel Counsel Zohair Hussain sought to submit that what the office of Chief Justice does on administrative side "never comes on its way of judicial side."

However, Singhvi responded, "it is our duty to advise the court on principle. There are innumerable examples where Chief Justice of India has refused to deal with the case on judicial side when it has dealt with it on administrative side...Best example is also administrative judges who never deal with the cases which they have dealt on administrative duty."

In the light of the above, the Chief Justice will put the case before another bench.

It is pertinent to note that the present FIR for quashing was firstly listed before Justice Anoop Chitkara in October 2023, however as per the orders the case was adjourned on from the beginning either on request of the petitioner or the respondent-State counsel. Justice Chitkara did not stay the trial proceeding during the hearing of quashing petition.

The last hearing took place before Justice Chitkara on 12 September 2024 wherein the judge stated in the order, "It is clarified that the matter shall not be further adjourned due to non- availability of the State counsel" and the matter was listed for October 1. However, the roster of the judge was changed.

Thereafter it was heard by another single judge bench, Justice N.S Shekhawat who recused from the case and the case was then listed before Justice Manjari Nehru Kaul. The petitioner sought withdrawal of the case before her and the same was allowed

"Learned senior counsel for the petitioner seeks permission to withdraw the present petition, with liberty to file afresh with better particularly. Dismissed as withdrawn, with liberty aforesaid," stated the order.

After that the fresh plea was heard by another single judge bench and it was withdrawn by the Chief Justice on the day it was listed for pronouncement, following the receipt of a complaint.

The Chief Justice in its order had then said that the decision was in the "interest of the institution" and to "protect the reputation" of the judge.

Senior Advocates Abhishek Manu Singhvi, Puneet Bali appeared for the petitioner.

Senior Panel Counsel Zoheb Hossain and Senior Panel Counsel for UOI Lokesh Narang represented the Enforcement Directorate

Case Tite: ROOP BANSAL V/S STATE OF HARYANA AND ORS.