At least three judges of the Bombay High Court have recused themselves from hearing the National Investigation Agency’s (NIA) appeal challenging the bail granted to dismissed police officer Sachin Waze in the Antilia bomb scare case.
On Wednesday (September 30), the appeal was listed before a division bench of Justice Bharati Dangre and Justice Ashish Chavan, after the bench had permitted its listing on Tuesday evening.
When the matter was called, Justice Dangre declined to hear the appeal, referring to a “reasoned” order she had previously passed while recusing herself from hearing a plea filed by Waze in another criminal case in which he is an accused along with former Maharashtra Home Minister Anil Deshmukh.
Additional Solicitor General Anil Singh pointed out that the present matter was different.
Justice Dangre, however, said that although the proceedings were different, there were connections between the matters and she therefore considered it appropriate to recuse herself.
She further disclosed that Justice Chavan was also not inclined to hear the appeal as he had appeared for the Central Bureau of Investigation (CBI) in the Anil Deshmukh case.
The bench consequently passed an order recusing itself from the matter.
The development follows another recusal on Tuesday evening. The NIA had initially mentioned its appeal before a division bench of Justice Sarang Kotwal and Justice Ranjitsinha Bhonsale, which has the roster to hear NIA appeals.
That bench too recused itself. Justice Kotwal pointed out that Senior Advocate Manoj Mohite had previously appeared for Waze and stated that he does not hear matters involving parties represented by Mohite. Justice Kotwal had been associated with Mohite during his own days as an advocate.
With Justice Dangre, Justice Chavan and Justice Kotwal having recused themselves from the proceedings, the NIA is now likely to mention the appeal before Chief Justice Mahesh Chandra Tripathi and seek constitution of a special bench to hear its challenge to Waze’s bail order.
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