Justice Jadhav recuses herself from Elgaar case, third judge to do so this year

The pleas listed on Tuesday before Justice Jadhav included those filed by accused Rona Wilson, Shoma Sen, Surendra Gadling and next of kin of late Father Stan Swamy, Father Frazer Mascarenhas.

The Elgaar Parishad matters reached a bench led by Justice Jadhav after going through multiple judges.

Starting this week, Justice Sunil B Shukre, a bench under whom was specially assigned to hear Elgaar Parishad matters, was transferred to Nagpur bench and therefore, the case came to be listed before the next alternate bench led by Justice Jadhav.

Justice Shukre had last week dismissed a plea by accused Varavara Rao, who had sought permanent medical bail and permission to shift to Hyderabad, citing ill health and high expenses in Mumbai.

However, the court extended the interim bail granted to Rao by three months so that he can undergo cataract surgery.

Last month, a bench led by Justice Shukre had allowed another accused Anand Teltumbde to meet his nonagenarian mother in Chandrapur under strict conditions from March 8 to 10 after the death of his brother Milind, a top Maoist leader, who was killed in an encounter on November 13, 2021 in Gadchiroli.

Justice Shukre-led bench was assigned as special bench after Justice S S Shinde, in February this year, had recused himself from hearing cases pertaining to Bhima Koregaon-Elgaar Parishad case. Thereafter, the lawyers representing the accused persons approached Chief Justice Dipankar Datta on the administrative side, who constituted another bench under Justice Shukre to hear the matters.

In January this year, Justice Prasanna B Varale had recused himself from hearing the plea by Rao seeking extension of medical bail. Thereafter, Justice Varale also recused himself from hearing other Elgaar Parishad matters, leading the matters to be transferred to an alternate bench led by Justice Shinde.

Justice Shinde-led bench had reserved its verdict in the petition filed by Rao, Vernon Gonsalves and Arun Ferreira, arrested in the Elgaar Parishad case, seeking a review of a December 1 order of the court that refused to grant them default bail. Justice Shinde was hearing the review since the impugned judgment was passed by the same bench. The bench will pass the verdict in due course.

From 2020 to 2021, the bench led by Justice S S Shinde was hearing petitions relating to the Elgaar Parishad case. Towards the end of 2021, the assignment for such writ petitions was transferred to another bench led by Justice Nitin M Jamdar, followed by Justice Varale.

Earlier, in 2019, Justice Revati Mohite-Dere and Justice Nitin W Sambre and had recused themselves from hearing Elgaar Parishad matter.

With Justice Jadhav’s recusal from hearing the case, the defense lawyers will once again approach the Chief Justice to get the matters assigned to a new bench.