As a student of Public Administration, I am fascinated by how the courts are currently navigating high-profile procedural tactics that test the very limits of our legal framework.
In two distinct cases involving Pawan Khera and Arvind Kejriwal, the Solicitor General has recently flagged what they term 'Forum Choosing' and 'Bench Hunting' a calculated attempt to manipulate the administrative machinery of the courts.
This raises a fundamental administrative question: How does a public institution maintain its neutrality and structural integrity when high-profile litigants attempt to curate their own judges and jurisdictions?
Khera and Forum Choosing -
On April 7, Pawan Khera approaches the Telangana High Court for relief.
On April 10, The Telangana High Court grants Khera one-week transit anticipatory bail.
On April 15, The Supreme Court stays the Telangana order, with the Solicitor General arguing that a person cannot "shop" for a court in a different state just for convenience.
Solicitor General Tushar Mehta, who was representing the Assam government argued that simply owning property somewhere shouldn't allow a person to pick any court they like. He stated:
"If this is permitted, a person could acquire properties across the country and seek anticipatory bail from any forum of their choosing. This is forum-shopping, if not forum-choosing."
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Kejriwal and Bench Hunting -
February 27, Delhi trial court discharges Kejriwal due to lack of evidence.
March 9, Justice Swarana Kanta Sharma of Delhi High Court observes the discharge was an error.
April 13, Kejriwal files recusal appeal.
April 20, Justice Sharma refuses to recuse herself.
In her ruling, she used a very specific administrative phrase to describe the practice: "seeking a bench of his choice."
She explicitly stated that a litigant "cannot be permitted to browbeat the court by seeking a bench of his choice."
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Pawan Khera was guilty of "Forum Shopping" (picking the city)
Kejriwal was guilty of "Bench Hunting" (picking the judge).
Whether it is Khera being directed back to the ‘correct’ city or Kejriwal being told he cannot choose his own judge, the message is clear: the legal system is not a marketplace.
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