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Justice SS Shinde recuses from Bhima Koregaon cases, LRO had appealed to CJI quoting Shinde’s praise for terror accused Stan Swamy

LRO had written to CJI in July 2021, urging the latter to ask Justice SS Shinde of the Bombay High Court to recuse himself from hearing the Bhima Koregaon cases after Shinde, on July 19, heaped praises for terror accused Naxal sympathiser Stan Swamy.

On February 25, Friday, the Legal Rights Observatory (LRO) announced on Twitter that Justice SS Shinde had recused himself from hearing proceedings related to the Bhima Koregaon-Elgaar Parishad case. The lawyers’ collective applauded those who joined them in urging the Chief Justice of India to ask the Justice to recuse himself from hearing the Bhima Koregaon cases.

“You all have won d battle! After inflicting damage to national security i.e. granting bail to terrorist Vara Vara Rao; Justice SS Shinde recused himself from #BhimaKoregao case. You had signed a letter to SC to remove Mr Shinde from the case! He had praised Terrorist Catholic Stan!” Tweeted LRO. It also shared the screenshot of a report by Bar and Bench confirming that Justice SS Shinde of Bombay High Court has recused himself from hearing petitions arising from the Bhima Koregaon riots which took place in 2018 after the Elgar Parishad event.

LRO appeals to CJI

It may be recalled that Legal Rights Observatory (LRO) had written to CJI in July 2021, urging the latter to ask Justice SS Shinde of the Bombay High Court to recuse himself from hearing the Bhima Koregaon cases after Shinde, on July 19, heaped praises for terror accused Naxal sympathiser Stan Swamy.

Legal Rights Observatory (LRO), in a letter to the Chief Justice of India, highlighted that a matter concerning national security must be adjudicated on merit. Quoting Justice Shinde’s praise for Stan Swamy, the letter stated that being openly appreciative of the work of the accused casts aspersions on the possibility to deliver an impartial and fair judgment by the Justice. 

The Lawyer collective had also started an online petition on Change.org to CJI on August 1st, 2021, appealing to him to ask Justice SS Shinde to recuse himself from Bhima Koregaon cases.

Justice SS Shinde eulogized Bhima Koregaon accused Stan Swamy 

Stan Lourduswamy, commonly known as Stan Swamy, an undertrial prisoner in the Bhima Koregaon violence case was praised highly by Justice SS Shinde after his demise. Justice Shinde had said that the graceful funeral service of Swamy had touched him. 

This garnered a strong reaction from the public after which the Bombay High Court was compelled to take back its statement. While withdrawing its statement, the judge justified the earlier comment saying that they are also human beings.

NIA, the investigating authority in the Bhima Koregaon cases had also objected strongly to Justice Shinde’s remarks on an accused.

Meanwhile, Chief Justice Dipankar Datta of the Bombay High Court has said that a third bench will be formed to hear the cases as soon as possible after Justice SS Shinde’s alternate bench and Justice PB Varale’s bench recused themselves from hearing petitions arising out of the Bhima Koregaon – Elgar Parishad Case. Justice Shinde, on the other hand, will hear Vernon Gonsalves, Arun Ferreira, and Varavara Rao’s interim plea for bail and factual revisions in his judgement refusing them default bail.

Ayodhra Ram Mandir special coverage by OpIndia

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