AMRIK SINGH Vs. STATE DELHI ADMN

JUDGEMENT

(1.) A Criminal Miscellaneous Petition in Transfer Petition no. 16 of 1968 was listed before this bench on 22/03/1971. When thepetition, was taken up for hearing the petitioner Amrik Singh raised an objection to the composition of the bench. He suggested that two of the judges constituting the bench are interested in the case and therefore they are incompetent to hear this matter. In view of this representation we directed him to file an affidavit setting out the facts supporting his allegation. At this stage I may mention that at an earlier stage in Criminal Miscellaneous Petition No. 569 of 1968, he had alleged that all the Judges of this court, excepting the then chief justice, Justice Hidayatullah, and one other judge were incompetent to hear his transfer application as they were all concerned in the case. Possibly because of the said allegation the learned chief Justice thinking that justice must not only be one but must seem to be done, listed the petition before a bench consisting of Judges against whom the petitioner had no objection. The learned chief justice, Justice Hidayatullah, retired on 16/12/1970. Two of the Judges who are members of this bench were elevated to this court after Criminal Miscellaneous Petition no. 569 of 1968 was filed. Hence if the allegations of Amrik Singh are correct, one of the Judges of this court excepting one is competent to hear his petition. Under the Rules of this court a bench must consist of at least two Judges.

(2.) In view of the allegations of the petitioner made on 22/03/1971 referred to earlier, we directed him on that day to file an affidavit on that day itself setting out the facts supporting his allegations. On the same day he filed an affidavit. The relevant portion of the affidavit reads thus:

(3.) The petitioner has also mentioned therein that the allegations made by him are supported by the following documents :