COURT ON ITS OWN MOTION Vs. STATE

JUDGEMENT

(1.) THE application under consideration, styled as an application for clarification of the order dated 4th October, 2007 arises in circumstances that may only be described as unfortunate. The prayers in the application are as follows:

(2.) AT the outset, it is necessary to make it clear that on 4th October, 2007 three orders were passed by this Court "the first by one of us (Manmohan Sarin, J.)" hereinafter referred to as the first order), the second by Hon'ble Mr. Justice Sudershan Kumar Misra (hereinafter referred to as the second order) and the third by the Bench comprising both the learned judges (hereinafter referred to as the third order ). On the basis of the contents of the application, the contentions urged as well as nothing having been said to the contrary, it is quite clear that the clarification or review of the order prayed for is the first order passed by Manmohan Sarin, J and we are proceeding on that basis.

(3.) BRIEFLY, the circumstances in which the first order dated 4th October, 2007 came to be passed are that Mr. R. K. Anand, Senior Advocate and a notice in criminal contempt proceedings pending before us, moved an application (before the Bench consisting of Manmohan Sarin, J. and Sudershan Kumar Misra, J.) in which it was prayed that Sarin, J. recuse himself from hearing the contempt case. It was, inter alia, alleged by Mr. R. K. Anand that he is not likely to get justice from Sarin, J. for a variety of reasons. In a rather detailed order, Sarin, J. dealt with all those reasons and held that "there is no factual basis or any foundation for nurturing any apprehension of bias, leave aside any reasonable basis therefor, which is altogether missing. " Sarin, J then declined the prayer for recusal and dismissed the application. As noted above, it is this order of which Mr. R. K. Anand seeks a review or clarification.