New Delhi, 20 February 2013

As per the PTI report, former aide of controversial NGO operator Teesta Setalvad has moved the Supreme Court seeking that Justice Aftab Alam recuse himself from the bench hearing a matter relating to alleged “fabricating” of evidence in a post-Godhra riots case in which both of them are accused.

Rais Khan Pathan, who was accused of fabricating evidences along with the activist in the Naroda Gam case in which 11 people were killed in 2002, has contended that there is “a reasonable likelihood of bias” in hearing the matter by Justice Alam.

He said the reason why the judge should recuse is that he had delievered a lecture in London on “Promoting Pluralism Knowledge Program(PPKP)” with which his daughter is associated.

Pathan referred to an article titled, “The Idea of Secularism and the Supreme Court of India” authored by Justice Alam and presented by the judge at the annual lecture on October 14, 2009 in London.

“The tone and tenor of the article depicts the strong believe of his Lordship, as regards to the victimisation of the minority community,” he said, while also making reference to his daughter who is associated with PPKP’s India initiative and was part of some NGOs working for the 2002 riots victims in Gujarat.

It should be mentioned here that in July last year, former Judge of Gujarat High Court and former Lokayukta of Gujarat state Justice S.M.Soni had written a letter to the Chief Justice of India to keep ‘communal mindset’ justice Aftab Alam away from Gujarat cases and had requested to transfer all matter related to Gujarat before any other bench.

Justice Soni had in his 10-page letter to CJI S H Kapadia requested that the letter should be treated as a Public Interest Litigation(PIL). He had also requested to stay the further hearing of all criminal cases in which Gujarat government is a party and are being heard by Justice Aftab Alam.

About Justice Aftab Alam(from Supreme Court of India website)

-Hon’ble Mr. Justice Aftab Alam was born in Patna on April 19th, 1948 where he completed his School and College Education. Enrolled as an Advocate on 27.03.1973.

-He practiced in the Patna High Court mainly in Labour, Service and Constitutional Law Cases. Worked as Additional Central Government Standing Counsel in Patna High Court from September 7, 1981 to September 6, 1985. He was designated as Senior Advocate by the Patna High Court at a relatively young age, on February 1, 1984.

-He was appointed as Judge of the Patna High Court on July 27, 1990. Was transferred to the Jammu & Kashmir High Court, where he was appointed as the Acting Chief Justice on 06.06.2007.

-He was elevated to the Supreme Court and assumed office on 12.11.2007.

-Besides Law, Justice Alam is deeply interested in Classical Urdu and Persian Poetry and studies in Sufism.

-Due to retire on 19th April, 2013 (F.N.)

Also read: More on post retirement postings of Judges, in Gujarat context