West Bengal Bar Council seeks acting CJ Rajesh Bindal's ouster over 'bias' in Narada case

In a key development, the Bar Council of West Bengal has sought the removal of Calcutta High Court Acting Chief Justice Rajesh Bindal with immediate effect. Sworn in as a judge of the Calcutta HC on January 5, he was appointed as the Acting CJ on April 29. In a letter addressed to CJI NV Ramana dated June 25, the Bar Council claimed that he is an "unfair, partial and biased" judge. Maintaining his continuance at the HC interferes with the "fair and impartial dispensation" of justice, it cited numerous instances to buttress its point.

For instance, the Bar Council has come down heavily on the stay on the interim bail order passed by the CBI special court in the Narada case. This adversely impacted WB Ministers Firhad Hakim and Subrata Mukherjee, TMC MLA Madan Mitra and ex-legislator Sovan Chatterjee. It stated, "Hon'ble Justice Bindal does not have any regard for judicial propriety and has committed a mockery of the judicial conscience". It raised the letter written by Justice Arindam Sinha dated May 24 wherein he took serious exception to the manner in which the Narada bail matter was handled

Moreover, the Bar Council alleged that Justice Bindal's bias is apparent from the 5-judge bench headed by him has declined the request of West Bengal CM Mamata Banerjee and Law Minister Moloy Ghatak to file affidavits while allowing the CBI to do so. It has also claimed that Justice Bindal is more occupied with administrative commitments than judicial citing his biodata. Additionally, the lawyer's body took umbrage at crucial matters being assigned to Justice Kausik Chanda. 

It stated, "Hon'ble Justice Kausik Chanda is a judge who has not yet been made permanent at the Calcutta High Court. Hon'ble Justice Chanda is known to have a deep and profound association with the BJP and its leaders. All of which hints towards the fact that someone like Hon'ble Justice Chanda will not be able to impart complete and impartial justice in cases pertaining to the criminal jurisdiction." 

Some of the other allegations in the letter include his decision to assign Mamata Banerjee's election petition challenging the Nandigram verdict to Justice Chanda, conflict of interest, association with BJP and Governor Jagdeep Dhankhar, etc. The Bar Council added, "Unless urgent steps are taken for the removal of Hon'ble Justice Rajesh Bindal, we will be mute spectators to the continuous travesty of justice at the hands of a prejudiced, biased and skewed judge and justice will be denied to the unguarded citizens of this great nation". Republic TV accessed a copy of the letter on Sunday.

Here is the letter: