Activist Harsh Mander accuses CJI of bias, is penalised

NEW DELHI: The Supreme Court on Thursday struck off social activist Harsh Mander’s name from his petition for alleging bias and seeking recusal of CJI Ranjan Gogoi from hearing his plea for release of hundreds of illegal Bangladeshi migrants, lodged for long in Assam’s detention centres after tribunals declared them foreigners.
The SC rejected Mander’s plea seeking recusal of the CJI, saying grounds of perceived bias could seriously damage the institution of higher judiciary and removed him as petitioner. The CJI said, “Don’t even remotely think that we will recuse. We will not allow anyone to browbeat the institution. Recusal will be destructive for the institution.”
The development comes in the background of a bench led by CJI, while hearing a petition filed by Mander and represented by Prashant Bhushan, seeking answers from Assam government on whereabouts of 99,000-odd illegal immigrants who have not been located after tribunals declared them foreigners. It had strongly criticised the state government’s proposal to release them on bail on furnishing a bail bond of Rs 5 lakh if they had been in detention for five years.
Mander, who argued in person after discharging his advocate Bhushan, based his perception of bias on reporting on social media and said the CJI’s observations were opposite to what his petition demanded — protection of human rights of illegal migrants who under international law had to be released after a maximum six-month detention.
A bench of CJI Gogoi and Justices Deepak Gupta said, “If the court agreed with you, then it is okay. If it does not, then it is biased. This is not acceptable. The inability, difficulty or handicap of a judge to hear a particular petition is to be perceived by the judge himself and no one else. The grounds stated by Mander for recusal of the CJI have enormous potential to cause damage to the institution and it is in the interest of the institution that the case is heard by this bench. We dismiss the application.”
The bench then struck off Mander’s name as petitioner and substituted it with Supreme Court Legal Aid Committee and appointed Bhushan as amicus curiae to assist the court. Senior advocate Gourab Banerjee is the amicus on the larger issue relating to rampant illegal migration of Bangladeshis to Assam, changing the state’s demographic pattern and culture.
During the hearing, the CJI castigated Mander for basing his perception on social media reporting and said, “You take what is there on social media and throw bias charge at the CJI.” Solicitor general Tushar Mehta said Mander’s application was scandalous and contemptuous as he alleged that the court was “using his petition to resort to mass deportation of illegal migrants”. The SG said the CJI should not recuse.
He told Mander, “Learn to trust your judges. The day you don’t trust judges, the institution will be finished. See the damage you have done to the institution. We were told that there were 900-odd foreigners lodged in detention centres and four have been deported when the tribunals have identified one lakh-odd illegal migrants as foreigners. That is the reason why we asked where are the rest. Is the court entitled to ask this question or not? Mr Mander, you must know your limits and don’t overstep.”