Prayagraj: Justice Subhash Vidyarthi of the Lucknow bench of Allahabad High Court ‘recused’ himself from hearing an FIR against Rahul Gandhi over allegation of his British citizenship.
The court took strong exception to some social media posts and media interviews by petitioner Vignesh Shishir, a BJP worker. Justice Vidyarthi noted that aspersions were cast on the court and its dignity maligned after the bench proposed to issue a notice to the Leader of Opposition.
Justice Vidyarthi remarked that he “regretted” hearing the case, saying that he had been used by applicant Shishir for “political mileage.”
Noting that Shishir was seeking public opinion through his social media posts on whether he should continue the matter before this bench and that he sought indulgence of the CJI in this matter, the court stated:
“The messages posted on social media amount to casting aspersions on the court… The court is of the opinion that he has maligned the court.”
The Government advocate and Deputy Solicitor General of India agreed that Shishir’s social media posts could not be justified.
Shishir said in his defence that the posts were not intended for the court but for those pressurising him to back out of this case. He sought to place before the court his posts in which he had lauded the bench’s earlier order for lodging an FIR against Rahul.
Justice Vidyarthi responded by saying that the court did not need appreciation from anyone, and that the petitioner could make these submissions before the appellate court.
Two days ago, the bench had withheld operation of the judgment already dictated in open court on April 17, directing that an FIR be lodged against the Congress MP.
In its order uploaded on April 18, the court halted the earlier one before it could be typed and signed.
The court observed that Rahul might be entitled to an opportunity to be heard and posted the matter for hearing on April 20 to allow both parties to submit their arguments on this aspect — whether or not Rahul should be issued a notice and be allowed to address the bench.
However, before they could make submissions, the bench decided to recuse from hearing the case. The case will now be posted before another bench after nomination from the Chief Justice.
