When a litigant believes a judge is biased, the proper constitutional remedy is to approach a higher court (such as the Supreme Court) rather than boycotting the hearing, as the accused cannot unilaterally decide which judge hears their case.
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Kejriwal Takes On 'Liquorgate' Judge, BJP Slams 'Dangerous Drama'; Accused Will Decide 'Justice'?Added:
Arving Kwal has made a career out of one word. You know that one word very well.
Amadi, the common man, ordinary citizen, the man on the street who's no power, no connection, no shortcuts. But what Arving Krial is doing is something the common man could never even dream of doing. He's deciding which judge gets to hear his case. As you know the judge refused to recuse herself and Kjwal's response is boycott the hearing write a letter tell the court we don't accept you viewers let me ask you something simple and fundamental something with plain common sense can you do this if you are dragged to court can you look at the judge and say I don't like you your honor I don't trust you lord I'm not going to attend the hearing what would happen the case would proceed did without you and you would face the consequences. But Mr. Kjal thinks the rules are different for him and here is the legal reality and it is not complicated. If you believe judge is biased, prejudice, what have you, the law gives you a remedy. You go to a higher court, you knock on the doors of the Supreme Court. That is the procedure. That is the system. What you cannot do, however, and what no accused in this country has the right to do is declare a judge unf.
So let's open this up.
Dr. Jooshi, what benchmark are we trying to set here?
This is this is for me.
>> Yes. Okay. Uh the main thing is that with utmost respect to the judiciary which has given relief uh at in the Rouse Avenue court of CBI, Mr. Mr. Kjiwal has raised pertinent points as to why he is having a bias and he has given appropriate examples uh citing conflict of interest and what is this conflict of interest? We have discussed a number of times that both the children of Justice Shalma are working for the CBI council who happens to be the opposing council or the council who has been prosecuting against Mr. K1 and if you look at the ordinary curve of a lawyer they usually take 10 years 20 years to reach that level in which the the child of M you know justice Sharma might be very talented now Mr. 6,000 >> now Dr. Josh, one minute. If you looked at the ordinary curve of a politician, how long does it take to become the chief minister?
>> Fair enough. But politics is a different thing and and and a professional carrier is a different thing. Both these things are different. In this case, you are strictly given cases on the basis of your experience.
>> So on the basis of it, you go to the high court. You know, this is the high court. In this case, you can go to the Supreme Court. you can write to the you know to the to the chief justice of the high court.
>> So so what we are going to do Mr. The KG Wal has also mentioned in his letter that we are going to go to the Supreme Court. But Satiagra is something which is a calling. Satyra Chri does that ring a bell. The word Satiyadra Arvin Kalabati basically Prin on this particular issue too much except that the process that he has taken was not right in terms of the constitution and the judiciary. But the fact remains a judge who is supposed to be like a scissors wife without any suspicion who has attended a communal organization like the RSS functions she deserve does not deserve to hear a case where the litigant the >> all of us will decide on a TV channel Mr. Tamu Saman Chri or that the system will decide we can't sit in judgment of the judge. Now imagine if you know both of us were dragged to a courtroom. Can you can you have the liberty of looking at the judge and saying no me lord you know not you v shastav does it work like this?
No why why can't it work like this we we need to move into an era of judiciable uh judicial accountability also with all respect for the courts. Yes, I do agree with your points that if everybody starts deciding the judge who's going to hear his or her case, it makes things very complicated. At the same time, as rightly pointed out by by Kamru Chri, if a person feels that something could be hampering his investigation, it should be looked into. It should not become a prestige issue between the litigant and the honorable judiciary. This is why >> Kamuan Chri G, you know, I don't know how it works for the Congress party. You you said that the Congress filed the case against Mr. Kwal. What does that make Mr. changing the context of the of the entire discussion out here. that discussion of the topic whether I as a litigant am comfortable and and I feel that >> comfortable it does not work from comfort one minute you're not buying a sofa set please comforta this is absolute mockery we have pan cardadhar card rashan card they have a victim card after denigrating institutions like election commission and parliament now this man is down to insulting and character assassinating the judiciary first of all as As per Ambedkar's judic constitution, you can't have conditional commitment. You win a case, you like the judiciary, otherwise you start doing press conference and tarnishing the image. I just have three or four specific questions. What is the constitutional way to address whatever has happened in the high court? If your recusaler petition has been dismissed, you go to the Supreme Court in the petition. Rather than that, this man who is a fraud, you know what Mr. KJal was saying just a few years ago about this very instance? Listen.
THEY generated Let me just 15 seconds. 15 20 seconds more. The point is that all these points which are being made here have been made in a judicial forum. They have been rejected. You are now saying you're boycotting judiciar to Mahatma Gandhi.
Mahatma Gandhi wasn't opening liquor vents and Mahatma Gandhi wasn't doing corruption.
democratic settle.
for justice.
Justice, CGI, Congress.
of India. You have the last word. Please Simple completely Dr. Jooshi Lu Par convicted is Lu corrupt.
>> Let's see how this unfolds in the in the courts. We're completely out of time.
The news are with Navita Kumar on the other side.
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