The letter pointed out that Justice Shah, as a judge of the Gujarat High Court, was on the bench hearing a matter arising from the first information report (FIR) on the basis of which Bhatt was convicted.
As a High Court judge, Justice Shah had in 2011 refused to set aside a trial court ruling that had rejected an application for deferment of framing of charges in the case.
“…the petitioner verily apprehending that the ends of justice will not meet if the present Special Leave Petition is being heard by the same judge. In the circumstance it is most humbly prayed that this Hon’ble Court may be pleased to consider recusing him from hearing the Special Leave Petition,” the letter stated.
Source: Barandbench
