The Allahabad High Court on Monday (20 April) saw Justice Subhash Vidyarthi recuse himself from hearing a petition filed by S. Vignesh Shishir against Rahul Gandhi and others, after the petitioner’s social media posts raised concerns about remarks directed at the court.
Background of the Case
The petition was filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), challenging an earlier order related to an application seeking further investigation under Section 173(4) BNSS.
During earlier hearings on April 16 and 17, the petitioner, who appeared in person, along with counsel for the State and Union of India, argued that there was no requirement to issue notice to the proposed accused at that stage.
The court initially dictated a judgment in open court on April 17. However, before the order could be formally signed, the bench came across a Full Bench decision which suggested that in similar proceedings, a prospective accused should be given an opportunity of hearing.
Recognising this legal position, the court decided to revisit the issue and listed the matter for further hearing.
Justice Vidyarthi noted that the earlier understanding placed before the court regarding non-issuance of notice appeared to be incorrect in light of binding precedent.
“The parties need to be given an opportunity to address the Court on this aspect of the matter,” the bench had recorded while directing further hearing.
The court also observed that a petition under Section 528 BNSS, in effect, carries similarities to revision proceedings, where affected parties are generally entitled to be heard.
The situation took a different turn when the petitioner posted multiple messages on social media after the April 17 hearing. In those posts, he referred to alleged “backroom developments” and suggested external influence affecting the court process.
The bench took note of these statements and observed that they appeared to cast aspersions on the court for not immediately uploading the dictated order.
“The messages… indicate that he is casting aspersions against this Court,” the order recorded, adding that such conduct reflects a lack of faith in the judicial process.
At the same time, the court also noted that the petitioner later expressed confidence in the judiciary and even sought public opinion on whether to continue proceedings before the same bench.
The order also addressed the role of counsel in assisting the court. Justice Vidyarthi expressed concern that the correct legal position regarding issuance of notice was not properly placed during arguments.
Referring to Supreme Court rulings, the bench emphasized that lawyers, as officers of the court, have a duty to present accurate legal positions.
“Lack of proper assistance creates hurdle in expeditious dispensation of justice,” the court observed, noting that incorrect submissions could potentially lead to erroneous orders.
Considering the petitioner’s public statements and the circumstances that followed, Justice Vidyarthi decided to step aside from the matter.
“Keeping those in consideration, I find it appropriate to recuse from hearing this case,” the bench stated.
The case has now been directed to be placed before the Chief Justice for assignment to another bench, where parties will have an opportunity to address the legal issue regarding notice.
Case Details:
Case Title: S. Vignesh Shishir vs Rahul Gandhi & Others
Case Number: Application U/S 528 BNSS No. 673 of 2026
Judge: Justice Subhash Vidyarthi
Decision Date: April 20, 2026
