Justice Arun Mishra recuses himself from hearing Loya death case

“Let the documents be placed on record within seven days and if it is considered appropriate copies be furnished to the petitioners. Put up before the appropriate bench”

Justice Arun Mishra file image/ PTI

New Delhi: Supreme Court judge Justice Arun Mishra on Wednesday recused himself from the controversial case of Special CBI Judge Justice Loya’s death. The incident has come as a first level of victory for the four rebelling supreme court judges who raised the issue of ‘partial dissemination’ and allocation of special cases by the Chief Justice of India Justice Dipak Misra, to some chosen Judges. During the last hearing of Justice Loya death case, Justice Arun Misra said, “Let the documents be placed on record within seven days and if it is considered appropriate copies be furnished to the petitioners. Put up before the appropriate bench”. The phrase, ‘put up before appropriate bench’ is generally used by a bench which wants to recuse, is an admission that that it is currently not being heard by an appropriate bench and must be placed before the Chief Justice for his order, assigning it to some other judge. The statement came when Justice Arun Mishra was hearing two petitions filed by Congress party activist Tehseen Poonawalla, and Bandhuraj Sambhaji Lone, a Mumbai-based journalist; seeking an independent probe in Loya’s death case.