𝐉𝐮𝐬𝐭𝐢𝐜𝐞 𝐁𝐚𝐛𝐚𝐫 𝐒𝐚𝐭𝐭𝐚𝐫 𝐈𝐬𝐬𝐮𝐞𝐬 𝐒𝐡𝐨𝐰-𝐜𝐚𝐮𝐬𝐞 𝐍𝐨𝐭𝐢𝐜𝐞𝐬 𝐨𝐟 𝐂𝐨𝐧𝐭𝐞𝐦𝐩𝐭 𝐭𝐨 𝐈𝐁, 𝐅𝐈𝐀, 𝐏𝐓𝐀 𝐚𝐧𝐝 𝐏𝐄𝐌𝐑𝐀:

𝐉𝐮𝐬𝐭𝐢𝐜𝐞 𝐁𝐚𝐛𝐚𝐫 𝐒𝐚𝐭𝐭𝐚𝐫 𝐈𝐬𝐬𝐮𝐞𝐬 𝐒𝐡𝐨𝐰-𝐜𝐚𝐮𝐬𝐞 𝐍𝐨𝐭𝐢𝐜𝐞𝐬 𝐨𝐟 𝐂𝐨𝐧𝐭𝐞𝐦𝐩𝐭 𝐭𝐨 𝐈𝐁, 𝐅𝐈𝐀, 𝐏𝐓𝐀 𝐚𝐧𝐝 𝐏𝐄𝐌𝐑𝐀:

In the Audio-leak case, IB, FIA, PTA and PEMRA filed applications before the Court, seeking recusal of the presiding judge from hearing the case. They collectively alleged in their applications that the presiding judge is one of the signatories of the six judges letter to the Supreme Judicial Council. He is biased with the intelligence agencies. He has also worked and advised the telecom industries. Thus, he should decline hearing the case in hand.

The Court has not only dismissed the applications being vexatious and frivolous, but has also issued notices to the applicants to show why contempt of court proceedings should not be initiated against them. The Court deemed these applications tantamount to impeding and obstructing the process of the Court. The Court has also fined the applicants up to five hundred thousand rupees each which will be recovered from the salaries of the officers who authorised filling these applications.

The order is well-reasoned and well-grounded. Worth a read order indeed. It discusses the concept of recusal of a judge on different grounds and how it can be invoked. It says that primarily there are two grounds on which the judge should recuse himself from hearing a case: one, his personal interest is involved in the case; second, he is biased towards one of the parties. The order further discusses the concept of bias and personal interest in full details which are worth a read.

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