Justice KM Joseph sitting with Justice Hrishikesh Roy dismissed an application filed by Manubhai Hargovandas Patel petitioner appearing in person, seeking his recusal from hearing a contempt petition filed against a judicial officer of the State of Maharastra. 

The Court passed the order "The complaint states that the concerned Bench did not record any reason for not proceeding in contempt against the judicial officer of the state of Maharashtra. The case of recusal is also pressed forth. We have heard the petitioner-in-person and the learned counsel appearing for the concerned judicial officer. Having considered the submissions made by the petitioner-in-person on the reasons projected by him, we are of the considered opinion that recusal by these two Hon'ble judges as requested by the petitioner is entirely misconceived and such a prayer cannot be allowed. Further, no justification has been made for recall of the order."

The petitioner contended the principles of Satyamev Jayate and Yato Dharmastato Jayah contained in the inscription on the national emblem and the emblem of the Supreme Court have been violated. he also argued for the right to equality and argued that "On one hand, the Metropolitan Magistrate has been allowed to go scot-free despite committing contempt, and on the other, the Ranbaxy Directors have been convicted…The three-judge Bench had issued a notice against the Magistrate, but the two-judges Bench dropped it. Justice K.M. Joseph was a member of both benches. No reason has been given. Whatever argument I had advanced has not been considered. This is a violation of the Constitution Bench judgment in the Dawoodi Bohra case…The act of dropping the notice encouraged corruption in the judiciary, and corruption is cancer. The end result is lawlessness, no rule of law, and therefore, the end of democracy." ""Your Lordship, no man can be a judge in his own case. When there is an allegation against any judge, the judge himself should recuse. If Justice K.M. Joseph is not recusing himself, I should be allowed to move a transfer application before the Chief Justice of India." He argued.

He also stated that he has filed a complaint against Justice Joseph and Justice Narasimha of the Supreme Court to the President and the Chief Justice of India for dropping the said contempt petition. 

During the arguments, the Court was of the view to impose cost upon the petitioner on his conduct of "Propensity to bring the judicial officers and judiciary down" but Justice Roy while dictating the order raised a hope that the petitioner would not indulge in a such misadventure in the future.

Case Details:-

Contempt Petition (C) No. 311/2022

in

MA 1813/2020

Manubhai Hargovandas Patel  ...Petitioner

Vs

Learned Registrar (J-V) Shri H.K. Juneja   ...Respondent

Read the complete Judgement:-

https://main.sci.gov.in/supremecourt/2022/5489/5489_2022_5_6_38705_Order_30-Sep-2022.pdf