NEW DELHI: Supreme Court Judge Justice Arun Mishra took strong exception on Tuesday to social media posts and news reports suggesting he should recuse from the Constitution bench examining issues related to the Land Acquisition Act, on which he had delivered a judgement in 2018.
Justice Mishra, heading the five-judge bench, said the posts and articles were not against a particular judge but an attempt to malign the institution. Some of the parties, including farmers association, sought his recusal on the ground of judicial propriety saying that the bench is examining the correctness of the verdict which was also authored by him.
“I will be the first person to sacrifice if the integrity of the institution is at stake. I am not biased and don’t get influenced by anything on earth. If I am satisfied that I am biased then only I will recuse myself from hearing this case,” Justice Mishra said.
Senior advocate Shyam Divan, appearing for some of the parties, said that since the presiding judge of the five-judge Constitution bench is a signatory of the verdict whose correctness is being examined by the bench there could be an element of impartiality.
Solicitor General Tushar Mehta opposed the recusal request and called it a dangerous pattern to write on the web or social media the day a case is to be taken up the top court. The hearing in the case will continue on Wednesday.