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At the outset of hearing a PIL filed by NGO Common Cause, the Justice A.K Sikri has requested stating “You understand my position” conveying that he want to recuse himself from the decision. The case dealt with seeking of quashing of M.Nageshwar Rao’s appointment as interim CBI Director.
Senior Counsel Dushyant Dave have contended as petitioner in court that they wanted the matter to be heard early which was not allowed and finally when the matter came before the Chief Justice, he refused and asked the Judge that if the Lordship felt that the case could not be heard then they could have recused a day before the matter but not on the date of matter and added that the petitioners have a feeling that Lordship does not want the case to be heard.
Justice Sikri has reflected for the contention of the Senior Counsel Dave stating that the matter was before CJI and order was not passed on the side of administrative and stated that if it were so then he would have recused earlier. He added that it is a judicial decision was his predicament and questioned stating "how could he recuse without sitting?”
Dave has persisted that it was that date of meeting for appointing CBI Director by the selection committee and directions are required regarding that. He stated that this is showing a very wrong signal as the court has issued directions to remove Alok Verma by convening a meeting and even after a duration of 3 weeks the Committee didn’t meet on which both the government and court is silent. He added saying that there was nothing personal but just was all about the public interest.
Justice has stated that the case can be taken up the next day without any issues for which Dave have requested to take up the case but however Justice Sikri has proceeded to schedule the petition for hearing before an appropriate bench.
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