Mumbai: Even after a Bombay High Court judge recused herself from hearing the bail applications pertaining to the Pune techie murder case, the pleas were remanded back to the same judge by Acting Chief Justice Vijaya Tahilramani, recently. The single-judge bench of Justice Mridula Bhatkar had recused herself from hearing and deciding the fresh bail pleas of Amit Lalge, Vijay Gambhire and Ganesh Yadav.
Justice Bhatkar had granted bail to the trio in 2017 however her ‘religious’ remarks while releasing them out had invited flak not only from Shaikh’s family but also by the Supreme Court of India. The Apex Court had cancelled the bails in February this year and had directed Justice Bhatkar to decide the matter afresh.
A division bench of the SC, headed by Justice Sharad Bobde had pulled up Justice Bhatkar for her remarks wherein she had said, “The fault of the deceased was only that he belonged to another religion. I consider this factor in favour of the accused. Moreover, the accused do not have criminal records and it appears that in the name of the religion, they were provoked and have committed the murder.”
Justice Bobde had criticised the orders and held ‘religion cannot be a ground for murder.’ Post the recusal of Justice Bhatkar, the matters were again placed before her on Monday as the Pune police had moved a plea before Acting Chief Justice Vijaya Tahilramani seeking her continuation.
The moment the matter was called on Monday, Justice Bhatkar asked the Pune police if Shaikh had sustained any fatal injuries. She even asked the investigating team to specify the same in an affidavit.
Meanwhile, Justice Bhatkar also allowed Mohsin’s brother Shaikh Mobin to intervene in the matter and assist the court. The Shaikh family through their counsel Mateen Shaikh, has urged the court to reject the bails pleas of the trio.