3 days ago
Justice Jalan Recuses Himself from Gymkhana Club Eviction Case
A judge at the Delhi High Court stepped aside from a case about the Delhi Gymkhana Club.
Justice Prateek Jalan said he would be more comfortable if another judge heard it.
He did not explain what he meant by saying the matter felt personal.
The club’s staff association and a club member have filed separate lawsuits challenging the government’s action.
The government ended the club’s lease and asked it to return its 27.3-acre property.
The staff association says the club is its members’ workplace and seeks protection for their livelihoods and rights.
The member argues that the government’s reasons are vague and that eviction must follow the law.
The Centre says the lawsuits should be dismissed and had said it would not take coercive action for the time being.
The staff association’s case is to go before another bench on Friday.
Delhi High Court Justice Prateek Jalan recused himself Wednesday from a case concerning the Centre’s eviction proceedings against the Delhi Gymkhana Club.
Jalan said he would feel more comfortable if another judge heard the matter, without elaborating on his reference to personal involvement.
He directed the staff welfare association’s lawsuit to be listed before another bench on Friday.
The club’s staff association and member Vijay Khurana have separately challenged the Land and Development Office’s May 22 lease-termination order.
The order sought return of the club’s 27.3-acre Safdarjung Road property by June 5; the Centre says the lawsuits should be dismissed and had paused coercive action for the time being.
- Who
- Delhi High Court Justice Prateek Jalan; the Delhi Gymkhana Club Ltd Staff Welfare Association; club member Vijay Khurana; and the Centre.
- What
- Jalan recused himself from a case concerning challenges to proceedings to evict the Delhi Gymkhana Club.
- Where
- Delhi High Court; the club’s premises are on Safdarjung Road, New Delhi.
- When
- Wednesday, October 7; the staff association’s lawsuit was directed to be listed before another bench on Friday.
- Why
- Jalan said he would feel more comfortable if another judge heard the matter. The lawsuits challenge the lease termination and eviction proceedings.
Club-side challenges
Centre’s position
Grounds for ending the lease
Club-side challenges
Vijay Khurana calls the Centre’s stated grounds of strengthening and securing defence infrastructure vague and generalised, and describes them as a sham.
Centre’s position
The Centre cited strengthening and securing defence infrastructure as grounds for terminating the lease.
Eviction and legal protections
Club-side challenges
The staff association seeks protection for members’ livelihoods and constitutional rights, while Khurana argues that the eviction must follow due process and challenges the show-cause notice as premature.
Centre’s position
The Centre says the lawsuits should be dismissed and that third parties cannot restrain enforcement of rights arising from the terminated lease.
Key facts
- Judge
- Justice Prateek Jalan
- Property
- 27.3-acre Delhi Gymkhana Club premises on Safdarjung Road
- Lease order
- The Land and Development Office issued the lease-termination order on May 22.
- Return deadline
- The order asked the club to return the land by June 5.
- Eviction notice
- An estate officer issued a show-cause notice to the club’s management on June 29.
- Khurana’s lawsuit
- His challenge is stated to be supported by more than 500 club members.
- Centre’s position
- The Centre says the lawsuits should be dismissed and had said it would not take coercive action for the time being.
Quotes
Justice Prateek Jalan
Delhi High Court judge who recused himself from hearing the Gymkhana Club case
“I am going to recuse from this matter. There are matters where one does not trust one’s own judgement.”
thehansindia.com
theprint.in
“I am going to recuse myself from this matter… I would be more comfortable if somebody else hears this.”
indianexpress.com
Sources
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