Justice Subhash Vidyarthi, Judge, Allahabad High Court, Lucknow Bench, has stepped aside from hearing a petition involving Congress MP Rahul Gandhi, citing loss of confidence arising from the petitioner’s public conduct.
The case, filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), challenged the rejection of an application seeking further investigation. During proceedings, the Court had identified a key legal issue regarding whether notice must be issued to a proposed accused, prompting reconsideration of an earlier orally dictated order.
Before the order could be finalised, the petitioner, appearing in person, posted multiple messages on social media alleging political interference, “backroom exercise,” and impropriety in the Court’s functioning. The Court held that such statements amounted to casting aspersions on the judiciary and reflected a lack of faith in the institution.
Resultantly, Justice Subhash Vidyarthi recused himself from the matter and directed that the case be placed before the Chief Justice for reassignment. The Court also criticised the petitioner and counsel for misrepresenting settled legal principles, particularly on the requirement of hearing a proposed accused, stressing the duty of litigants and lawyers to assist the court with accuracy and fairness.
Appearances
Counsel for Applicant(s) : In Person
Counsel for Opposite Party(s) : A.S.G.I., G.A.
