http://expressbuzz.com/nation/%E2%80%98refund-dalit-funds-if-diverted-to-cwg%E2%80%99/215644.html
Dalit requests Gujarat HC for non-Brahmin judge
IANS
First Published : 18 Oct 2010 10:56:46 AM ISTLast Updated : 18 Oct
2010 11:00:44 AM IST
AHMEDABAD: A Dalit man has requested the Gujarat High Court that his
petition be heard by another court as the present judge's surname
suggested that he was a Brahmin and hence would not be able to do
justice to his case.
Petitioner Atul Ramjibhai Makwana, had approached the High Court
against the Junagadh district judge who, according to him, was
favouring only Brahmins for posts of class III and class IV staff in
his office.
Justice R R Tripathi stunned at the submission made by Makwana's
lawyer A M Chauhan, dismissed the petition and observed, "this court
has come across such argument for the first time from a learned
advocate after it assumed office as Judge of this court." Chauhan had
submitted, "the surname suggests that Your Lordship also belongs to
the same community (Brahmin) and, therefore, I want that this Court
may not take and hear this matter."
Expressing its displeasure over the submission made by Makwana's
lawyer the court was of the opinion that "this is fit case for issuing
'notice for contempt' against the learned advocate and if he is making
this submission on instruction of his client then against him also."
"But the Court restrains itself from doing so. The learned advocate
seems to have made the aforesaid submission only with a view to either
bring pressure on the Court and obtain a favourable order or to get
his matter out of this Court," the order further said.
"The Court deems it proper to dismiss this matter so as to discourage
such a practice," it said.
Chauhan wanted to make further arguments but was not allowed to do so
by the court.
Makwana's lawyer, during his earlier arguments had told the court that
nearly 60 per cent of candidates selected by the Junagadh district
judge were Brahmins.
The petitioner also accused the judicial officer of 'promoting'
Brahmins and in doing so, he conducted interviews twice and deprived
him of the opportunity.
Chauhan said he had just expressed apprehension before the judge that
he would not get justice from him.
He further said the was planning to challenge Justice Tripathi's order
before a division bench because according to him the petition was
dismissed without being heard on merits.
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