A day before his verdict, legal experts object to Narwekar meeting CM: Raises doubts on fair judgment

Narwekar met Shinde at Varsha, the chief minister’s official residence, on Sunday. Kolse-Patil said that Narwekar seems to have forgotten that he is currently serving as the judge in the disqualifcation petition.

“His powers and position is that of a judge since he is deciding the disqualification case. His powers are similar to that of the judge of the high court and the Supreme Court. Even a Supreme Court cannot interfere in this matter. Narwekar should have maintained the dignity of the post. But his conduct has raised eyebrows in the eyes of the people whether he will deliver a fair judgment,” he said.

Kolse-Patil said Narwekar at the best should have met the Advocate-General. “If he wanted any legal advice, he could have met the Advocate-General but not the chief minister and not three days before he is to deliver an important judgment which is not only been watched by entire Maharashtra but could ave wider ramifications in the legislative history of the country,” he said.

Kolse-Patil said since Narwekar has created doubts about his conduct, one can easily guess which way the verdict will go. “I can see it coming..By his own conduct, Narwekar has raised doubts about the fairness of his judgment,” he said.

Constitutional expert Ulhas Bapat said,”A person in his judicial capacity goes and meets the accused does not fit in any ethics. Here it is violation of both constitutional and legal ethics.”

Bapat faulted Narwekar on two counts. ”First before he is going to deliver his verdict, Narwekar meets the accused… And then he talks to the press. On both counts, he is wrong…”

Bapat said, “Since Narwekar has been directed by the Supreme Court to decide the disqualification petition under Anti-Defection Law, his role is not that of an Assembly Speaker but is that of tribunal. After the tribunal decides the case, the aggrieved party can directly appeal to the Supreme Court. He is the judicial making authority. A tribunal is a quasi-judicial body. A quasi-judicial body has all the powers. It can come directly under the Supreme Court.”

Bapat said before he delivers his judgment, Narwekar has created doubts whether it will be an impartial one. “Since he has met just three days before his judgement, it is bound to raise doubts in the minds of the people about the impartiality of his decision…However, I would not like to say that he will give a judgement against the petitioners. “

Also, Bapat said it is important to note that Narwekar is a member of BJP, which is power. ”Therefore, whether he will prove to be an impartial umpire remains to be seen,” he said.

Shiv Sena (UBT) chief Uddhav Thackeray and NCP national president Sharad Pawar also castigated Narwekar for meeting the chief minister. Both held a press conference to take objections to the meeting. In fact, the Sena filed an affidivat in the Supreme Court to draw the court’s attention to the meeting between the two.

On his part, Narwekar in the evening said,”I keep meeting many leaders. Even today, I met two leaders at Mumbai airport…Even otherwise, leaders keep meeting me. Should I not meet them ? Are these meetings all motivated. I was supposed to meet the Chief Minister on Janaury 3 but due to my illness I could not meet him.”
Narwekar termed the allegations “pressure tactis”.

“Such unfounded allegations are a pressure tactis against the individual who is set to deliver his judgment. But I want to assure the people of Maharashtra and people of the country that I will deliver a judgment which will adhere to the provisions of the Constitution… The people of this state will get justice.”