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All the three counsels specifically refused to press the recuse application and it was stated that none of them will make any submission in support of the recluse application. They informed that Arun Kumar Mishra has already filed an affidavit dated 24.04.2014 for the recusal application being dismissed as withdrawn. In paragraph 3 and 4 of the said affidavit it has been stated as follows :

"3. That the deponent (respondent no. 3) does not wish to press the aforesaid application. It may be dismissed/rejected as withdrawn/not pressed.

On 03.07.2014 when hearing in the matter was nearing its end, Shri Manish Goyal, counsel for the petitioner informed the Court that Arun Kumar Mishra in his affidavit filed before the Apex Court in Transfer Petition No. 792 of 2014 had stated that he had to not press his recusal application as his counsels at Allahabad were not ready to press the same.

In all fairness the Court again required all the three counsels who were present on behalf of Arun Kumar Mishra, Respondent No. 3 namely Shri Shashi Nandan, Senior Advocate, Shri H.N.Singh, Senior Advocate and Shri Rahul Agrawal, Advocate to inform the Court as to whether any of them would like to address the Court on the recusal application. All the three counsels firmly refused to make submissions on the recusal application and stated that their client has already filed an affidavit before the Court tendering his apology for making of the recusal application.

This Court after taking note of the fact that Shri Shanti Bhushan was not present in the court and that other counsels present on behalf of Arun Kumar Mishra have refused to address the Court on the recusal application, had no other option but to close the hearing of the recusal application.

From what has been recorded above, it is apparent that respondent no. 3 through his counsels who were always willing to act, made five attempts, two before the Hon'ble The Chief Justice and three before the Apex Court, for the matter being not heard by this Bench. The first attempt was the application dated 12.02.2014 which was rejected by the Hon'ble The Chief Justice vide order dated 12.02.2014. The second attempt was the application made by Shri Shanti Bhushan, Senior Advocate before the Hon'ble the Chief Justice being Application No. 111257 of 2014 which was rejected by means of a reasoned order dated 27.03.2014. The third and fourth being the Writ Petition No. 351 of 2014 and the Special Leave Petition No. 11363-11366 of 2014 filed against the order of the Hon'ble The Chief Justice dated 09.04.2014 which were got dismissed as withdrawn as per the order of the Apex Court dated 07.05.2014 and last fifth being the Transfer Petition (Civil) No. 792 of 2014 filed by Arun Kumar Mishra which has also got dismissed as withdrawn as per the order of the Apex Court dated 07.05.2014.

What is worst is that the Senior Advocate who had taken the personal responsibility of filing an affidavit in support of recusal application did not even appear before the Court when the recusal application came up for hearing.

The recusal application as filed by the Senior Advocate mentioned two grounds, for one of us (Arun Tandon, J.) to not to hear the petition, namely :

(a) rumours in the corridors.

(b) the manner in which the Court is proceeding to hear the matter.

But in the personal affidavit which was filed by the Senior Advocate in support of the reclusal application, he practically withdrew ground no. 1 by stating in para 3 as follows :