J HEMACHANDRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Ms. Anjana Sundar, learned counsel for respondents 3 and 4, made submissions that the matter, which is heard in part, may be released and she further submits the said submission has been made on the basis of a letter addressed by her clients respondents 3 and 4 to her and marking copy of it to brother Judge Justice D.V. Shylendra Kumar and also to the Hon'ble Chief Justice.

(2.) I have also through the letter dated 11-11-2009 produced along with the report submitted by the Registrar (Vigilance), wherein in para-3, a remark has been made against a former judge, which makes me to recuse from this matter. Accordingly, place the matter before the Hon'ble Chief Justice for appropriate orders. D.V. Shylendra Kumar, J.

(3.) When the matter was taken up for hearing, Ms. Anjana Sundar, learned counsel for respondents 3 and 4, made a submission that the matter may be released from part heard. While I was personally inclined to accede to the request, as my learned brother Justice L. Narayana Swamy had some reservation and insisted that the learned counsel who has made this submission should mention the reason as to why such submission was made.