Move To malign-HC judge imposes Rs 5 lakh fine on Mamata

The Calcutta High Court on Wednesday imposed a fine of Rs 5 lakh on West Bengal Chief Minister Mamata Banerjee who had appealed to the court to remove Justice Kaushik Chanda from hearing her case against BJP leader Suvendu Adhikari’s election win in Nandigram. Mamata Banerjee's counsel had appealed for transfer of the case from Justice Kaushik Chanda's bench citing bias as they claimed that Justice Chanda has often been seen with BJP leaders. Calcutta High Court’s Justice Kaushik Chanda later recused himself while also imposing a fine of Rs 5 lakh on the petitioner.

“If a person appears for a political party, it is uncommon but he lays aside his bias while hearing a case. In this case, pecuniary interest does not arise,” said Justice Kaushik Chanda during the hearing on Wednesday. He further said, “A deliberate and absolute attempt was made to affect my decision even before the case was heard.” “It is preposterous to suggest that a judge who has an association with a political party for a case. A judge cannot be seen to be biased because of the litigant's view,” the judge said.The court took objection to the manner in which the demand for the judge’s recusal was made. “Immediately after June 18 hearing, TMC leaders were ready with my photos and put out tweets of my association with BJP,” observed Justice Chanda. About his past Association with the BJP, Justice Chanda said judges vote and they have a political point of view but "it is wrong on Mamata Banerjee's part to think that a judge cannot discharge his duty as one just because he votes for one political party or the other".

Before exiting the case, the judge made a series of angry observations, accusing Ms Banerjee of a "preplanned move to malign a judge" and of violating her constitutional duty. "Such calculative, psychological and offensive attempt to seek recusal need to be firmly repulsed and a cost of Rs 5 lakh is imposed upon Petitioner," Justice Chanda said in the order. The case will now be referred to Acting Chief Justice Rajesh Bindal, who has to reassign it.