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Home National & International

Madras HC Judge recuses himself after lawyer likens him to ‘Thanjavur Landlord’

Justice R. Subramanian said, 'I deem it as a remark, which I do not deserve. Therefore, I do not propose to hear this case any longer.'

Lagatar News by Lagatar News
September 23, 2021
in National & International
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New Delhi: A brief order by the Madras high court on September 17 refers to the recusal of Justice R. Subramanian from hearing a case, after a lawyer arguing before him commented that the judge should not hear the matter like a “Thanjavur landlord,” Bar and Bench has reported.

Thanjavur is a district in the state of Tamil Nadu infamous for having had a feudal class who favoured a system of human bondage. From the 1940s, following sustained suppression by landlords, the region played witness to a peasants’ movement, as noted by Parvathi Menon in a paper.

Justice R. Subramanian, who stated that he believed that he did not deserve the lawyer’s remark, said that he would no longer hear the case. The following is the narration given in the court order:

“When I asked for a clarification regarding the statement made in Paragraph 8 of the counter affidavit, Mr. NGR Prasad, learned counsel appearing for the petitioners would contend that I am under obligation to hear him as per the socialistic idea and not as a Thanjavur Landlord. I deem it as a remark, which I do not deserve. Therefore, I do not propose to hear this case any longer.”

The registry has been directed to refer the case to the Chief Justice of the Madras high court, Sanjib Banerjee, so that it could be heard by another bench.

The reason behind the remarks of the lawyer is unknown. However, a study published by Vidhi Centre for Legal Policy in 2020 highlighted how advocates perceive higher judiciary.

According to the study, only 22% of advocates in the Madras high court believed that they were getting a fair hearing before the high court. Most of them were of the view that it is very ‘rare’ when they get a fair hearing for their cases. Further, 59% of the surveyed advocates of the Madras high court claimed that the collegium system of the Supreme Court did not ensure the appointment of efficient competent judges to the bench.

As per the information available on the high court’s website, the case was being heard by Justice M Sundar as of March 12, 2021. However, an order was passed by Chief Justice Banerjee of the Madras high court on July 30, assigning the application of the company and a related writ petition to Justice Subramanian.

Following the latest September 17 order, the case shall now be heard by a different judge.

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