Bombay High Court Judge Calls for CBI Probe Following Intimidating Letter
Justice Bharati Dangre of the Bombay High Court recently made the decision to recuse herself from a case after receiving a letter at her residence that alleged bias on her part. In a significant move, she has called for an investigation by the Central Bureau of Investigation (CBI) into the incident to determine the authenticity and identity of the sender.
The matter in question was a criminal revision application filed by Suresh Khemani, who was accused in a CBI case related to alleged excise fraud. This case was presented before Justice Dangre for the first time in August, following the recusal of a previous judge. Despite the intimidating letter, Justice Dangre had initially continued interim relief to the petitioner and scheduled the matter for a hearing on September 14, 2023.
The contentious letter, sent by an individual named Hiten Thakkar from Vile Parle, highlighted how a prior bench had recused from hearing the case. It further insinuated that Justice Dangre had unlawfully continued interim relief, hinting at possible monetary incentives.
In a detailed 5-page order, Justice Dangre elucidated her reasons for recusal. She emphasized the importance of holding accountable those who attempt to undermine the justice system with their unscrupulous acts.
“It was open for me to recuse without disclosing the reason, but it is high time that some accountability is attributed to the disgruntled elements,”
she remarked.
Justice Dangre further noted that while a judge might be impartial, if there’s a perception of bias from any party, recusal becomes the only viable option. She stated,
“Upon reading the letter, I may now lack the imperative requirement of being part of a ‘manifestly independent decision-making process’. Justice must not only be done but must also be seen to be done.”
Senior Advocate Aabad Ponda, along with Advocate Nilesh Tribhuvan, representing the accused, suggested initiating contempt of court proceedings against the letter’s sender. However, Justice Dangre decided to await the results of the CBI inquiry before making any determinations.
This incident isn’t isolated. The judge highlighted that this wasn’t the first time judges have received communications casting aspersions on their integrity. Such incidents underscore the challenges faced by the judiciary and the importance of safeguarding its independence and integrity.
