Expressing displeasure over the application filed by senior IPS officer Shankar M. Bidari pleading for another bench to hear his case, the high court on Thursday referred the matter to the Chief Justice for further orders.
A division bench, headed by Justice N. Kumar, which was hearing the matter afresh as per the SC order over Mr Bidari’s appointment as DG&IGP, on Thursday raised questions asking Mr Bidari’s advocate that if the petitioner had apprehensions that the present bench would give a biased view, what confidence did the petitioner have that the high court will give unbiased orders concerning the application seeking for a change of bench?
The bench later directed the high court registry to place the application before the Chief Justice for appropriate orders. The Supreme Court had asked the high court to examine the matter afresh and dispose it of before May 31. When the matter came up for hearing on Thursday, the division bench came down heavily on Mr Bidari’s application. “Why should we even hear the application”, the bench questioned. The state government, in its appeal, has made its stand clear it has no objection to the division bench hearing this matter.
The counsel for DG&IGP A.R. Infant strongly opposed the plea and contended that the “application filed by Mr Bidari initiates contempt proceedings”. The division bench observed: “Mr Bidari produced the panel report in the apex court. He has contended that the findings of the high court are not supported by the panel report. The apex court has then set aside the case”. “The Supreme Court wants the high court to find the truth” the bench observed.
“We understand the apex courts orders. After the directions of the Supreme Court, the Chief Justice has constituted this bench specially because this bench was not sitting in the summer vacation. We are in no way disabled from hearing the case. We cannot act contrary to the orders of the apex court or the Chief Justice.” “We have no power to refer the matter to another bench”, the court said and directed the high court registry to place the application before the Chief Justice for appropriate orders.