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February 09, 2009 15:45 IST
The Supreme Court on Monday expressed its unhappiness over former Prime Minister H D Deve Gowda's plea seeking the recusal of a judge hearing a petition relating to the Bangalore-Mysore Express Highway project which has come under a shadow due to allegations of corruption.
Gowda through senior advocate Shanti Bhushan had moved an application seeking the withdrawal of Justice
Arijit Pasayat from the matter on the ground that the judge was going to retire in three months.
Though a bench headed by Justice Pasayat allowed the plea, it said that the filing of such an application was "unfortunate".
"With a heavy heart, we direct the matter to be listed before any other bench which does not have Justice Pasayat,"
the bench, also comprising Justice A K Ganguly, said.
It is unfortunate that such an application has been filed. There is no ground to show that it has any concern with
the issue. The reason indicated why one of us will not hear the matter is baffling, the bench said. It was surprised that such an application has been filed by a senior advocate.
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