NEW DELHI: Justice Manmohan Sarin of the Delhi High Court on Thursday rejected senior advocate R K Anand's plea seeking his recusal in the case relating to contempt proceedings against him for allegedly influencing controversial witness Sunil Kulkarni in BMW hit-and-run case.
"The application filed by Anand is a case of forum hunting and browbeating the court, which has to be firmly dealt with," Justice Manmohan Sarin, whose recusal was sought by Anand said, adding 'the prayer is declined and his application is dismissed'.
Justice S K Mishra, sitting with Justice Sarin in the Division Bench, however said, "the application revolved around certain factual assertions, which needed to be examined" but he refused to express any opinion.
"I express no opinion one way or another," Justice Mishra said, adding, "I am unable to concur with Justice Sarin."
Justice Sarin, however, pointed out in his judgement that Anand has been appearing before him in various Single and Division Benches for the last 12 years but Anand never expressed any apprehension of not getting justice from him.
He (Anand) has been appearing without any murmur and had there been any such apprehension, he would have never appeared before a Bench comprising him (Justice Sarin) and "this cuts at the very root of this application," Justice Sarin said.
"It's an attempt at forum hunting and the path of recusal is offen soft option," Justice Sarin said.
"We cannot enter into any kind of controversy but nothing would deter us to write what we believe," Justice Sarin said, while dismissing Anand's application.
