BMW case: RK Anand seeks transfer of case to third Judge
Senior Advocate R K Anand, facing contempt relating to BMW hit-and-run case, on Thursday filed an application before the Delhi High Court seeking transfer of the case to a third judge as there was a split verdict by a division bench recently.
By PTI |
NEW DELHI: Senior Advocate R K Anand, facing contempt relating to BMW hit-and-run case, on Thursday filed an application before the Delhi High Court seeking transfer of the case to a third judge as there was a split verdict by a division bench recently.
Last week while Justice Manmohan Sarin had refused to recuse himself from hearing the case, the other judge Justice S K Mishra did not concur with Justice Sarin and had declined to hear the matter any further.
Senior advocate U A Lalit, appearing for Anand, said the diametrically opposite view of two Judges of a bench implied that there was no order and the opinion of the third Judge would be required to have a valid and enforceable order.
He also submitted that the matter be sent to the Chief Justice of the High Court for the appointment of a "third umpire judge" for effective hearing of the case.
Justice Lokur, who joined the Bench headed by Justice Sarin to hear the matter after Justice Mishra withdrew himself from the case, said he needed time to go through the case file and posted the matter for hearing tomorrow.
Anand had filed an application seeking recusal of Justice Sarin in the case expressing apprehension that he would not get justice in the contempt proceedings if the same Bench heard the case.
He had cited some past incidents which allegedly showed some ill-will between him and Justice Sarin.
In his application, Anand had alleged that the manner in which proceedings against him were going on, had caused great damage and the Bench had showed undue haste against him.
Last week while Justice Manmohan Sarin had refused to recuse himself from hearing the case, the other judge Justice S K Mishra did not concur with Justice Sarin and had declined to hear the matter any further.
Senior advocate U A Lalit, appearing for Anand, said the diametrically opposite view of two Judges of a bench implied that there was no order and the opinion of the third Judge would be required to have a valid and enforceable order.
He also submitted that the matter be sent to the Chief Justice of the High Court for the appointment of a "third umpire judge" for effective hearing of the case.
Justice Lokur, who joined the Bench headed by Justice Sarin to hear the matter after Justice Mishra withdrew himself from the case, said he needed time to go through the case file and posted the matter for hearing tomorrow.
Anand had filed an application seeking recusal of Justice Sarin in the case expressing apprehension that he would not get justice in the contempt proceedings if the same Bench heard the case.
ADVERTISEMENT
He had cited some past incidents which allegedly showed some ill-will between him and Justice Sarin.
In his application, Anand had alleged that the manner in which proceedings against him were going on, had caused great damage and the Bench had showed undue haste against him.
Download
The Economic Times Business News App for the Latest News in Business, Sensex, Stock Market Updates & More.
The Economic Times Business News App for the Latest News in Business, Sensex, Stock Market Updates & More.
Download
The Economic Times News App for Quarterly Results, Latest News in ITR, Business, Share Market, Live Sensex News & More.
The Economic Times News App for Quarterly Results, Latest News in ITR, Business, Share Market, Live Sensex News & More.
ADVERTISEMENT
