Today, Justice Sanjiv Khanna of the Supreme Court recused himself from presiding over a case filed by former Delhi Minister Satyendra Jain against Dr. SC Vats, Chairman of the governing council of Vivekananda Institute of Professional Studies.
"It will have to go before another bench...my son studied in that college", the judge said. The matter has been listed in week commencing July 8.
Back in 2020, Vats filed an election petition challenging Satyendra Jain's MLA election from Shakur Basti, Delhi. Vats called upon an Assistant Electoral Registration Officer to present specific documents in the case. Jain allegedly intended to examine this officer on matters beyond the summoned records.
Vats raised objections, which the Joint Registrar of the Delhi High Court sustained. Satyendra Jain, aggrieved by this decision, filed a chamber appeal, but the Single Bench also ruled in favor of Vats. The Single Bench observed that Vats had summoned the officer under Part B, Rule 3 of the Delhi High Court (Original Side) Rules, 1967, which mandates witnesses to produce documents only and not to give any oral evidence.
Satyendra Jain purportedly sought to confront the officer with his own set of documents, despite the officer being cross-examined solely regarding the official records/documents he brought as per the summons.
Going through the 1967 Rules, the High Court held, "merely because the petitioner in his list of witnesses had described the said official as a witness to produce and prove documents, he cannot be termed as a witness".
Aggrieved by this order, Satyendra Jain moved the top Court.
Case Title: SATYENDRA JAIN Versus S.C. VATS AND ORS., Diary No. 52890-2023
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