Thread by @barandbench

Constitution Bench of the Supreme Court begins hearing pleas relating to the interpretation of Section 24 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Land Acquisition Act, 2013).

Senior Advocate Shyan Divan begins his submissions with respect to independence of judges.

Independence must exist as a fact and reasonable perception, Divan.

#LandAcquisitionAct
#landacquisition

Apprehension of bias is what we are concerned with.., Divan continues as he reads a commentary on the issue bias.

If we succumb to this prayer, this would be Bench hunting and taming the judiciary. You want the bench of your choice.. that is destroying the very fyndamebtals of the system. I perceive like that, Justice Arun Mishra reacts.

I have a reasonable knowledge  about my brief. We are arguing as per international standards. This is not remotely concerned with bench hunting. We are only attracting globally accepted judgements, Divan.

#LandAcquisitionAct

Divan argues that actual bias cannot proved. A reasonable apprehension of bias can also be tested even when a judge is acting in good faith.

Divan refers to Principles and Guidelines on fair trail by African Union.

Justice Ravindra Bhat points out that
Judges are excluded from hearing an appeal against a judgement rendered by them.

Appeal stands on different footing which is corrective juridiction, Bhat J.

Stating that the Constitution Bench Bench not sitting in appeal, Justice Bhat adds,

"We are not into the cause but law."

#LandAcquisitionAct

Not suggesting that this is Appellate Juridiction but certain principles in context of Appellate Jurisdiction apply here as well. Predisposition can be with respect to a question of law.. Here we are dealing with a specific section, Divan

Tell us one Judge in the Supreme Court who has not decided an a case on Section 24. Who is the Judge who has not decided this issue finally or otherwise?, Justice Arun Mishra.

Divan refers to the judgements in the Indore Development case and Pune Municipal Corporation case.

"There are five questions of law in Indore which are articulated, analysed and answered. They will come here one way or the other.", Divan

To me it's clear. In the facts and circumstances of this case, it (apprehension of bias) is there. Under our adversarial system, we must put forward our best possible case.. t will mean your optimal and best decision making will not come out, Diavn

We have challenges in persuading your lordships. This is not an appeal but akin.. Bias not personal or pecuniary but of pre disposition, Divan

After Divan concludes, Justice Mishra says, "You argued most fearlessly since yesterday..Good quality. We're not criticizing..Bar should have that courage. What fear do you have in addressing on merit? What is the genesis of that fear? Think over. That's it."
#landacquisition

Senior Advocate Rakesh Dwivedi begins.

It's a question of an opinion being there and its a human tendency to stick to it, Dwivedi.

Mishra J: Why is it not advantageous to have a judge who has rendered the judgemt?

Circumstances made me compel to hear this. You compel this institution to act in a certain way. This would be the blackest chapter in the history if we succumb to this. There are forces, not from outside. And I am not referring to media. Who are these persons?, Mishra J.

We have to protect the institution  for you people.. Had it not been for the outside forces, I would have recused but they forced me to get into this. This will not be the way, shall not be the way, Mishra J 

This is out attempt to protect, Dwivedi

I will apply that test (of reasonableapprehensionof bias). If I am satisfied. I will recuse, dont worry, Mishra J

Solocitor General Tushar Mehta begins.

There are hearing eve articles, Media reports, Mehta

They are sponsored one, Mishra

It is more than that otherwise I would have recused. My determination has been strengthened by these circumstances. There is a lobby to control the Court, the Chief justice. These are not the issues of one day, one matter, Justice Mishra

Who is behind this (recusal appliaction)? These are not the poor farmers. They are not farmers and I am saying it with a sense of responsibility, Justice Mishra

Before a Constitution Bench, there are no sides. Question is not whether Judgement A is correct or B is correct, Mehta

Any view of possible. We may uphold one or the other. There are issues which are yet to addressed, Justice Mishra

Mehta reads excerpts from SC judgements.

"..path of recusal is often a soft and convenient option..(objection is) Completely misconceived..There is no lis but questions of law...Over sensitivity not a ground for application.."

Bench to assemble soon after lunch.

#LandAcquisitionAct

Bench assembles. Mehta continues.

Refers to a United States judgment to argue that judicial opinion cannot be a subject matter of trial for bias.

Something  which is acquired in judicial proceedings cannot be a subject matter of bias, Mehta.

It is nobody's case that there is extra judicial bias, Mehta.
Mehta hands over a compliation to show instances where judges who decided a particular matter later sat in larger Bench compositions.
There are instances where previous decisions have been reversed, Mehta

ASG Pinky Anand makes brief submissions in support of the contentions put forth by SG Mehta.

We apply our mind together and try to arrive at a consensus. If it is not possible, we differ. Nobody accepts the other person's judgment, Justice Mishra.

Indore Development Authority and the State of MP also side with the stance taken by the SG.

Nobody can have a say in who can hear and who cannot. It is for the judge to decide, Counsel submit.

Senior Advocate Mohan Parasaran who appeared on behalf of one the stakeholders argues that nobody has the vested right to file appliaction of recusal.

After brief rejoinder submissions from Senior Advocate Divan, Constitution Bench reserves order on point of recusal.

Order to be pronounced on October 23.

This would be the blackest chapter in history if we succumb, says Justice Arun Mishra as Constitution Bench reserves order on recusal
barandbench.com/section-24-lan…