New Delhi, May 11 Supreme Court judge Justice Krishna Murari on Wednesday recused himself from hearing a plea filed by Noida CEO and IAS officer Ritu Maheshwari challenging the non-bailable warrant (NBW) issued by the Allahabad High Court in a contempt case.
However, the stay on warrant, granted by the top court on Tuesday, will continue.
As the matter was listed before a bench comprising Justices S. Abdul Nazeer and Murari, Justice Nazeer said: "Brother (Justice Murari) has some difficulty here", and asked counsel in the matter to list it after vacation.
Senior advocate Vikas Singh, representing the respondent, said the matter is listed before the high court on Friday. It was pointed out that the stay was granted on mentioning the matter.
Singh contended that she will not appear on Friday, and she should give an undertaking that she will go on Friday.
However, senior advocate Mukul Rohatgi, representing Maheshwari, said: "She will not go... why will she go?"
Senior advocate Ravindra Kumar also represented Maheshwari in the top court.
The top court adjourned the matter for Friday and asked it to be listed before "any appropriate bench" after getting direction from the Chief Justice.
Singh urged the bench not to mention anything with respect to the interim relief in the order as the stay granted by the Chief Justice's bench will continue till the time the matter is heard.
On May 10, the Supreme Court stayed the non-bailable warrant issued against Maheshwari by the Allahabad High Court, as she had failed to appear before the court in a contempt case.
Senior advocate Rohatgi mentioned the matter before a bench headed by Chief Justice N.V. Ramana, submitting that his client reached the high court, but got late. The Chief Justice stayed the high court order and listed Maheshwari's appeal against the high court for hearing on Wednesday.
The high court issued the order in response to a contempt plea filed by Manorama Kuchhal and another person whose land was acquired by Noida in 1990, but were not given fair compensation. They moved the high court against this land acquisition. The high court issued the order, as the officer could not appear in time. The court directed the police to produce the Noida CEO before it on May 13.
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