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Justice Chanda Kaushik today recused from hearing Mamata Banerjee’s election petition against Suvendhu Adhikari by choice. 

However he imposed a cost of Rs 5,00,000 for orchestrating circumstances to compel him to recuse and try to portray the judiciary in bad light. The same would be used for lawyers family who have been affected by CoVID.

The judgement was reserved on June 24, 2021 on plea by West Bengal Chief Minister Mamata Banerjee seeking his recusal, on account of reservations of “bias” projected against the Judge for his political affiliations prior to Judgeship.

While hearing the plea which was argued by Senior Advocate Abhishek Manu Singhvi, Justice Chanda expressed that if he were to recuse himself, it will mean that he has given in to “media trial”, even though he himself has been deciding on petitions concerning the menace of media trials.

Senior Advocate Abhishek Manu Singhvi appearing for the Chief Minister said,

“Your lordship will only be putting themselves at an elevated pedestal by recusing themself from hearing this case… Even Supreme Court judges have recused themselves from hearing certain cases concerning the State.”

Singhvi added that if Justice Chanda chose not to recuse himself in light of the social media mandate by various AITC leaders, he may attract more criticism.

“Two Supreme Court judges have recused themselves as well from hearing petitions concerning the state of West Bengal,” said Singhvi.

Singhvi further delved into the instances of the Judge appearing for BJP when he was a lawyer.

To this, Justice Chanda replied “You are a congressman, Advocate Mookherjee is from BJP &  you are appearing for an AITC official.”

Singhvi argued that Judgeship was beyond that, “this is divine work,” he added, thrusting upon the need for recusal.

Justice Chanda also added that the issue should have been raised on June 18 itself, when the issue was first taken up.

"Let me think over it," he said.

Following a letter to the Calcutta High Court, in which the West Bengal chief minister Mamata Banerjee had alleged a likelihood of "bias" if Justice Kaushik Chanda, an additional judge in the Calcutta high court hears her petition, challenging the election of BJP's Suvendhu Adhikari from Nandigram in the assembly election, she had filed a plea before him, asking the Judge to recuse himself from the case, ANI Reported.

A day before the verdict of Nandigram recounting case at Calcutta High Court, West Bengal Chief Minister Mamata Banerjee had appealed to Justice Kaushik Chanda to leave this case, according to the Free Press Journal.

In a letter to the secretary of the acting chief justice of the Calcutta high court, the CM had “conveyed her objections and reservations” about Justice Chanda’s confirmation as permanent judge.