Bombay High Court's Justice Gautam Patel Recuses from Case After Litigant Sends Email on Personal ID Highlighting Delay in Hearing

Read Time: 04 minutes

Synopsis

Justice Patel stated that if he passes a favorable order under such circumstances, it would not send a good message to others.

The division bench headed by Justice Gautam S Patel of the Bombay High Court on Wednesday recused himself from hearing a case after receiving an email on his personal ID stating that the case was not being heard by the court.

Advocate Kanchan Pamnani, who was appearing for the petitioner, informed the bench that she was not aware of the email and, after apologizing, requested Justice Patel to hear the case. 

However, Justice Patel responded and said that parties cannot send personal emails to judges.

"Personal emails to judges? You mail us and matter gets compromised. Matter may be pending for how much ever time but you cannot send personal emails to judges. I am never going to touch this matter. Not with a ten foot pole," Justice Patel said. 

Furthermore, Justice Patel stated that if he passes a favorable order under such circumstances, it would not send a good message to others.

"Imagine if I hear this and pass a favourable order. The message sent would be that you sent personal emails to judges and you will get favourable orders," Justice Patel said. 

Justice Patel then recused from the case after recording reasons and asked the petitioner to approach another bench. 

The case pertained to a petition filed seeking direction to be issued to the Ministry of Corporate Affairs (MCA) for making its website more accessible to the visually impaired.

After filing a complaint, in January 2016, the Deputy Chief Commissioner of Persons With Disabilities had directed the MCA to make the website accessible to the visually impaired within 6 months. 

In April 2021, the Ministry of Finance announced that a new version of the MCA website would be introduced, which would be more accessible to the visually impaired.

After the new version was introduced in June 2021, the petitioner stated that it was even more inaccessible to visually impaired compared to the previous website, after which the petitioner approached the high court.