SC says Justice Arun Mishra will not recuse from hearing land acquisition matter

Justice Arun Mishra, who is heading a 5-judge Constitution bench dealing with pleas challenging various provisions of the Land Acquisition Act, will not recuse from hearing the issue, the Supreme Court ruled Wednesday.While pronouncing the order on behalf of the bench, Justice Mishra said: "I am not recusing from hearing this matter."Justice M R Shah, who is also part of the 5-judge bench, said he too has rendered concurring orders on the issue, although separately.Various farmer associations and individuals have raised objection to Justice Mishra hearing the matter on the grounds that he has already expressed his mind in the verdict pronounced by the apex court in February last year.It had held that land acquisition by a government agency could not be quashed for delay on part of land owners in accepting compensation within five years due to reasons such as lingering court cases.The other members of the 5-judge Constitution bench are -- Justices Indira Banerjee, Vineet Saran and S Ravindra Bhat.After pronouncing the order, the bench asked parties in the matter to suggest legal questions which would be adjudicated upon by the court.Later, the parties to the litigation, including the Centre, submitted the questions and the top court framed the issue to be adjudicated upon by it.Solicitor General Tushar Mehta, appearing for the Centre, said they have broadly framed the questions on the interpretation of section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Land Acquisition Act, 2013).The bench said it would commence the hearing from November 6 on the contentious issue while observing that though there were two separate views in two verdicts of the apex court but there may be likelihood of a third view, based on the arguments canvassed by the parties.The court had on October 16 deprecated the attempts made for recusal of Justice Mishra from the Constitution bench hearing, saying it is nothing but a ploy of "bench hunting" which, if allowed, "would destroy the institution".The top court had said if request of parties demanding that Justice Mishra be recused is accepted, it would be the "blackest chapter in history" as an "onslaught is going on to tame the judiciary"."This is nothing but an attempt of bench hunting and you want a person of your liking to be in the bench. If we allow your request and accept your view for recusal of judge, it will be destroying the institution. This is a serious issue and history will judge it that even senior counsel were involved in this attempt," Justice Mishra had told senior advocate Shyam Divan, appearing for a farmer association.Divan had contended that a judge must avoid any reasonable apprehension of bias, otherwise there would be erosion of public confidence and their prayer for recusal is nothing but for upholding the integrity of the institution.He had said their prayer is not remotely concerned with bench hunting and "there are global principles that have to be applied here. We are only drawing attention to it".During the hearing on October 16, Justice Mishra had observed that the plea seeking his recusal from the bench is "sponsored" and said, "In case, we succumb to these attempts this would be the blackest chapter in the history. These forces are trying to compel the court to act in a particular way. Onslaught is going on to tame this institution. This cannot be the way, must not be the way, and shall not be the way".Without naming anybody, Justice Mishra had said "these forces which are trying to compel this court to act in a particular way, are forces which are compelling me to continue. Otherwise, I would have recused".He had said that as a judge, he knows the responsibility to protect this institution for the people and observed, "What is happening in this institution is really shocking".Divan had referred to various judgements and said that a judge should not be unduly sensitive when recusal is sought, should not take it as a personal affront.In 2014, another verdict had held however that land acquisition can be quashed on account of the delay in accepting the compensation.On March 6 last year, the apex court had said that a larger bench would test the correctness of verdicts delivered by these two benches of similar strength on the same issue.

SC says Justice Arun Mishra will not recuse from hearing land acquisition matter

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