Dalvi’s salvo

Undeterred by allegations of corruption leveled against her by a litigant, Justice Roshan Dalvi stated she would not be "bullied, browbeaten or subjugated” and in an order passed in the Bombay High Court (BHC) on May 7, 2014 maintained that she will not recuse herself from hearing the matter. She also issued notice to the litigant and his lawyer why action for contempt of court should not be initiated against them, reported Hindustan Times (HT) on May 20, 2014.

Two weeks earlier Sanjay Punamiya, one of the litigants in a property dispute over a flat at Marine Drive had, during a hearing, alleged that a family member of the judge had stated that he could get a favorable order if paid a certain sum of money. On May 5, Punamiya lodged a complaint with the chief justice of the BHC, seeking that Dalvi should recuse herself. Referring to an earlier order of the Supreme Court where the judges had refused to recuse themselves and condemned the practice of "bench-hunting… psychological offensives and mind games,” Dalvi’s order of May 7 read: "I must, as we should all, follow it (the Supreme Court order) in letter and spirit to repel forces that seek to destroy our justice system. I choose to carry out the functions of my office for the work assigned to me by the honorable chief justice…without surrender,” reported HT.
Dalvi’s order deals with the merits of the case, terms the actions of the defendant and his advocate as "both scandalous and defamatory” and asks them to show cause. "It is a fit case where action for having committed criminal contempt under the Contempt of Courts Act should be initiated against them,” her order notes. The matter will be heard again on June 23, HT mentions.