Ex-Kerala minister seeks shifting of case to another SC bench
New Delhi, Dec 15 (PTI) A lawyer representing formerKerala transport minister Thomas Chandy, facing allegation ofland encroachment, has written a letter to the Supreme Courtrequesting shifting of his matter from a bench having aparticular judge.
The letter dated December 13 was written by an advocateon record K R Sasiprabhu to secretary general of Supreme Courtsaying that senior advocate Vivek Tankha, who appears forChandy, "on account of personal reasons does not appear beforethe bench in which Justice A M Sapre is a part of".
The case was initially listed for hearing today before abench of justices R K Agrawal and A M Sapre but was latershifted to a three-judge comprising Chief Justice Dipak Misraand justices A M Khanwilkar and D Y Chandrachud.
"The petitioner will lose the service of able lawyer whois well versed in the facts and laws involved in the case,"the letter said while referring to Tankha who representedChandy even in the Kerala High Court.
"In the circumstances, I will be praying for listing ofthe matter before another bench immediately after the wintervacations. This letter may kindly be circulated among thejudges, at my risk to avoid inconvenience to their lordships,"the letter further said.
However, when the matter was taken up for hearing by athree-judge bench, Justice A M Khanwilkar recused from thecase and the court directed for listing it before anappropriate bench.
Chandy had moved the apex court challenging the November14 order of the Kerala High Court dismissing his petitionagainst the report of Alappuzha district collector on allegedencroachments by a company in which he has stake.
The high court had held that that a minister cannot filea petition against his own government, which had ordered thedistrict collector to look into the matter and submit areport.
There was a violation of the collective cabinetresponsibility by the minister, the high court had held.
Following the remarks made by high court, Chandy wasforced to resign, the reason which also found mention in theletter written to the secretary general of Supreme Court.
"The petitioner herein was till recently a cabinetminister in the government of Kerala but was constrained toresign on account of certain observations made by the highcourt of Kerala in the impugned judgement, while dismissingthe writ petition filed by him challenging the order passed bythe district collector without hearing his version," theletter said. PTI MNL ABA SJK RKSZMN.
This is unedited, unformatted feed from the Press Trust of India wire.