A division bench headed by Justice Dilip B Bhosale dropped the contempt proceedings after Basha tendered an apology for filing an affidavit in connection with the petition which was being heard by Justice B S Patil in October last, stating that he was hurt by the remarks made by the court against him and that the matter be heard by any other judge.
Justice Patil had then recused himself from hearing the petition.
Basha's advocate, Hashmath Pasha, also sought to retire from the case on the ground that his client had filed the affidavit without his knowledge. The court had allowed the prayer.
On October 15 last, Justice Patil objected to some contentions in Basha's affidavit.
Referring to the charge that he had not been given an opportunity to present his case despite filing a caveat, the judge said caveat had nothing to do with the present case. He noted that the caveat pertained to the matter before the division bench.
"We have to protect purity in administration of Justice. He claims himself to be an advocate in the High Court. Is this in the interest of the law? Can he stoop to this level and file an affidavit? Today he (Basha) might say no. Tomorrow others will join him in bench hunting. I will be failing in delivering my duties," Justice Patil had said.
Taking serious note of "factually incorrect" statements in the affidavit, the Court had directed the Registry to initiate contempt proceedings against the complainant.
