The Supreme Court judge Justice Dipankar Datta in the Bhima Koregaon case recused himself from hearing the bail applications of accused Vernon Gonsalves and Arun Ferreira. The division bench comprising of Justice Ravindra Bhat and Justice Dipankar Datta was hearing a plea filed against the Bombay High Court’s refusal to grant them bail. As soon as the matter was taken for consideration, Justice Datta announced that he was recusing.
The counsel, Senior Advocate Rebecca John, who represented Gonsalves urged before the Supreme Court to list the matter urgently. The order stated, List the matter on January, 16, 2023, before the Bench of which Hon’ble Mr. Justice Dipankar Datta is not being a member. In the present case, the petitioner being under the custody since 28.08.2018 after they were being arrested over alleged Maoist links in connection with the Bhima Koregaon violence of January 2018.
However, the accused approached the order passed by the Bombay High Court in December 2021 which denied them default bail while the same benefit was granted to coaccused Sudha Bharadwaj. Therefore, the High dismissed their plea in May 2022, wherein seeking review of the order denying them default bail. During the said period, Justice Datta was the Chief Justice of the Bombay High Court, although Justice Datta was not the part of the bench which heard their bail applications. Accordingly, the court listed the matter for next hearing on January 16, 2023.
