Peeved at the attempt to influence him, a judge of the Bombay high court on Wednesday expressed his desire to opt out of a case.
Justice PB Majmudar, who is presiding over the bench hearing the case, which involves Goyal Gas Limited (GGL) and the Ruia Group over control of the Bombay Oxygen Company Limited, said he had received a call from an “ex-client” seeking an order in favour of GGL.
“Such things disturb us. Nobody understands the plight of a judge,” justice Majmudar said in open court. He told the counsels of the litigating parties that the day and time of the call that came from the ex-client in Ahmedabad was also carefully selected.
“Somebody must have told them that the order is likely to be passed on Wednesday. Their machinery is more powerful than the CBI.”
The counsels urged the bench to go ahead and pass an order in the case to send the right message to society. “Your lordship must pass an order to show that a judge does it without fear or favour,” said Rohit Kapadia, counsel for the Ruia Group. Justice Majmudar would be doing a dis-service to the rule of law if he declined from deciding the case at this stage, Kapadia said.
“My conscience does not permit me to,” justice Majmudar said, adding, “This tendency to treat court proceedings like any other revenue matter should be curbed. Litigants in this country should realise that. Judges should not be approached in this manner.”
Justices Majmudar and More were hearing four appeals filed by the litigating parties challenging an order passed by a single judge of the high court. GGL has contended that Messers, a German manufacturer of industrial gases, had breached an agreement entered upon with the Ruia Group by transferring 75,001 shares to MHL, a joint-venture between GGL and Messers.
Advocate for GGL Kamlesh Kharade said they were seeking eight or nine reliefs from the court. These include a decree on the agreement between the companies and restraining MHL from transferring the company shares further.
Senior counsel Deban Banerjee, arguing for GGL, told the court that it may record the insistence of the counsels to pass an order in the case and proceed. Justice Majmudar, however, said he was still thinking over whether or not he would pass an order in the case and will inform the parties on Thursday.
“Judges are kept away from mainstream society. We suffer because of that but we are happy to be suffering than being pressurised in this manner,” justice Majmudar said.
Always under pressure
In June last year, justice R Reghupathy of the Madras high court had sought an unconditional apology from a Puducherry-based doctor and his son seeking anticipatory bail after a Union cabinet minister allegedly tried to influence him in the case. A perturbed justice Reghupathy had said that he would also write to the prime minister complaining about the pressure exerted on him.
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