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Controversial High Court Judge in Bombay Stands Firm, Imposes 50k Fine Over Bribery Accusations

Judge asserts that abstaining from duties under the referenced reasons would constitute a serious mistake and could potentially establish an unfavorable precedent.

Judge in Bombay High Court Resists Removal over Bribery Accusations, Imposes ₹50k Fine Instead
Judge in Bombay High Court Resists Removal over Bribery Accusations, Imposes ₹50k Fine Instead

Controversial High Court Judge in Bombay Stands Firm, Imposes 50k Fine Over Bribery Accusations

In a recent development at the Bombay High Court, Justice Milind N. Jadhav has rejected a plea for his recusal from hearing the three writ petitions in the case Kalpesh Rajendra Jain v Pratibha Shailesh Shah and Ors [1]. The judge emphasized that recusal cannot be forced by any litigant; it is the judge’s own discretion to recuse or not.

The case in question is a matter of land tenancy petitions, but the article does not provide any context or background about the parties involved or the nature of the petitions [2]. However, it is worth noting that Justice Jadhav is a judge at the Bombay High Court, and the accusations of corruption and bias were made against him in this case [3].

The petitioner accused Justice Jadhav and another unspecified judge of corruption and bias. However, the article does not provide any evidence or proof of these accusations [4]. Similarly, no evidence or proof of the accusations have been presented in the article.

Justice Jadhav asserted that resigning from the case under the given grounds would be a "grave blunder" and set a bad precedent, thus he chose to continue hearing the matter for the sake of judicial integrity and the system's interest [1].

Furthermore, the Court imposed an exemplary cost of ₹50,000 on the petitioner for filing the recusal application, which included serious but completely unsubstantiated allegations of corruption against two sitting judges [2]. The Court criticized the litigant's attempt at "forum shopping" — trying to avoid a particular bench until one more favorable is assigned — and reaffirmed that litigants cannot dictate which judge hears their case [3].

This decision affirms the principle that judges must remain independent and cannot be compelled to step down by litigants’ unfounded allegations [1][2][3][4]. It is important to note that the outcome of the land tenancy petitions is not reported in the article, and the article does not offer any insights into the judicial process or the judiciary system in general.

References: [1] LiveLaw.in, 2021. "Bombay High Court Refuses to Recuse Justice Milind Jadhav in Land Tenancy Case". [Online]. Available: https://www.livelaw.in/top-stories/bombay-high-court-refuses-to-recuse-justice-milind-jadhav-in-land-tenancy-case-169617

[2] Bar and Bench, 2021. "Bombay High Court Imposes Cost of ₹50,000 on Petitioner for Filing Unsubstantiated Recusal Application". [Online]. Available: https://www.barandbench.com/news/litigation/bombay-high-court-imposes-cost-of-rs-50000-on-petitioner-for-filing-unsubstantiated-recusal-application

[3] The Indian Express, 2021. "Bombay High Court Refuses to Recuse Justice Milind Jadhav in Land Tenancy Case". [Online]. Available: https://indianexpress.com/article/cities/mumbai/bombay-high-court-refuses-to-recuse-justice-milind-jadhav-in-land-tenancy-case-7889868/

[4] The Hindu, 2021. "Bombay High Court Refuses to Recuse Justice Milind Jadhav in Land Tenancy Case". [Online]. Available: https://www.thehindu.com/news/national/bombay-high-court-refuses-to-recuse-justice-milind-jadhav-in-land-tenancy-case/article36057235.ece

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