Justice Kaushik Chanda of Calcutta HC imposes Rs. 5 Lakh costs upon Mamata Banerjee; recuses from hearing her election petition

Mamata Banerjee had mentioned Justice Kaushik Chanda's past association with the BJP in a letter to the Chief Justice of Calcutta High Court on June 16. According to her letter, there was a "reasonable apprehension of bias... in favour of the respondent (Suvendu Adhikari)...", who belongs to the BJP, hence she wanted the case to be reassigned to a different court. 

Before recusing from the case involving Mamata Banerjee's plea challenging the election of the BJP's Suvendu Adhikari, Justice Chanda made several angry remarks, accusing Mamata Banerjee of a "preplanned attempt to malign a judge" and of violating her constitutional duty.

"Such calculative, psychological and offensive attempt to seek recusal need to be firmly repulsed and a cost of ₹ 5 lakh is imposed upon Petitioner," Justice Chanda said.

According to Justice Chanda,  judges vote and have political viewpoints but Mamata Banerjee is wrong to think that judges cannot perform their duties simply because they vote for one or another party.

Rebutting Mamata's argument that she apprehended bias because she had objected to Justice Kaushik's confirmation as a permanent judge at Calcutta HC in April, Justice Chanda said that by that parameter no judge of the Calcutta HC would be in a position to hear her petition as the Chief Minister "must have either objected to or confirmed the appointment".

"The trial of the case before this bench will be a tool to aggrandise themselves. It would be contrary to the interest of justice if such unwarranted squabble continues along with the trial of the case, and such attempts should be thwarted at the threshold. The hearing of the case should proceed seamlessly, like any other litigation before this court.", the court said. 

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