Prashant Bhushan's plea for Justice JS Khehar's recusal stuns SC

NEW DELHI: Advocate Prashant Bhushan caused a sensation in the Supreme Court on Friday when he said Chief Justice-designate Justice J S Khehar should recuse himself from the case of alleged corruption against Narendra Modi because it is the Prime Minister who has to clear the file concerning his formal appointment as the CJI Bhushan’s remark that Justice Khehar should not hear the case came when he failed to persuade the Khehar and Justice Arun Mishra to give him more time to produce credible evidence before the court in support of his charge that Modi had received bribes from a business house when he was the chief minister of Gujarat.“Sometime we have to perform the unpleasant duty as officer of the court and that is why I am saying so but I have no difficulty if the court asks me to go ahead,” said Bhushan when he found that the bench of Khehar and Mishra was unmoved by his repeated pleas to give him more time to bring before the court evidence to back up his charge against the PM and some other top-ranking politicians.Bhushan’s statement stunned all lawyers present in the court room. Khehar, who appeared upset, said: “It is very unfair on your part to raise the issue now. If you have no confidence in me then you should have said so earlier when the matter was being heard. The matter was heard on two dates but why are you raising the issue now.” He then expressed his willingness to recuse himself.Mishra was more vocal while criticising Bhushan’s conduct and said it amounted to contempt of court. He said the court could not be “kept at ransom” by raising such issues. He told Bhushan that it amounted to contempt of court as “you are doubting our constitutional functioning”.Attorney General Mukul Rohatgi told the bench that it was the “cheapest tactics” adopted by Bhushan to delay the hearing. “Not necessarily,” said Justice Khehar and asked the AG not to use such language.“I am pained and I will express my anguish inside the courtroom and outside. It will set a wrong precedent in judicial proceedings,” Rohatgi said.Bhushan, however, said that he had no problem if Justice Khehar continued to hear the case and he raised the issue as “many people may get a wrong impression” if the case is heard by Justice Khehar.Justice Kehar’s elevation as the Chief Justice is a fait accompli because of the seniority principle which has been followed without a break for decades. He is the second senior-most judge and is set to take over as CJI from the incumbent CJI Justice T S Thakur on January 4. Justice Kehar’s elevation has already been recommended by the incumbent and government has only to notify the appointment.Justice Khehar said that only options were available to proceed in the case, by asking CJI to constitute a separate bench that would take up the case at 3:30 PM or adjourned the case for January.The AG said that second option was better and the court thereafter adjourned the hearing for January 11.The court had on Wednesday questioned Bhushan for “casting aspersions” on the Prime Minister without placing sufficient evidence and on that day also heated arguments took place between him and Justice Khehar.As the matter was taken up for hearing, Bhushan told the bench that he had “burnt midnight oil” as suggested by court to examine voluminous documents but he could not go through the two volumes of appraisal report prepared by the IT department on the basis of documents seized while conducting raids on premises of two corporate houses.