AHMEDABAD: A Gujarat high court judge got offended and dismissed a case filed by a dalit when his lawyer requested the judge not to hear the case and shift it to some other bench because the judge himself was a Brahmin and that he would not be able to do justice in the case.
The petitioner, Ajit Makwana, had filed a complaint against the Junagadh district judge who, he said, was favouring only Brahmins for posts of Class III and Class IV staff.
Makwana’s lawyer, A M Chauhan, told the court that nearly 60% of selected candidates were Brahmins. The petitioner accused the judicial officer of promoting Brahmins and in doing so, he conducted interviews twice and deprived him of the opportunity.
However, Chauhan’s accusations on behalf of his client, Makwana, stunned Justice R R Tripathi. The advocate submitted: “The surname suggests that Your Lordship also belongs to the same community and, therefore, I want that this court may not hear this matter.”
Justice Tripathi could not take it anymore and mentioned in the order that he had come across such an argument for the first time from any advocate after he assumed office as judge of the high court.
The judge thought that this was a “fit case” for issuing “notice for contempt” against the advocate, and if he was saying so on instruction from his client, then against him also.
However, he restrained himself.
Justice Tripathi dismissed the case with the observation that the statement was made only with a view to either bring pressure on the court and obtain a favourable order, or get the case out of this court. “The court deems it proper to dismiss the matter so as to discourage such a practice.”
Read more: Dalit seeks non-Brahmin judge for fair trial in HC – The Times of India http://timesofindia.indiatimes.com/india/Dalit-seeks-non-Brahmin-judge-for-fair-trial-in-HC/articleshow/6761647.cms#ixzz12i8sTR8n