The Supreme Court today ordered the removal of a petitioner appearing in person from the courtroom by security, after he kept arguing with the Bench even after it ordered the dismissal of his case as being non-maintainable.

The Bench of Justice Bela M. Trivedi and Justice Satish Chandra Sharma dismissed the plea filed one Arun Ramachandra Hublikar.

The matter related to an industrial dispute Hublikar had with Cummins Diesel, a private Company about his alleged wrongful termination. In December 2015, the Bombay High Court set aside the Labour Court's Order which held that Hublikar was not a workman, and remanded the matter back to the Labour Court for de novo consideration. The Company appealed in the Supreme Court and a Bench led by former Chief Justice Ranjan Gogoi restored the Labour Court's Order.

Hublikar then filed a Writ Petition which was dismissed by a three-judge Bench led by Justice Arun Mishra. Thereafter, Hublikar filed an application seeking the recall of the order of dismissal. On October 31, 2022, the said case was called out twice, but Hublikar did not appear before the Bench led by CJI Chandrachud. ”We have gone through the application for recall. We see no reason to entertain the application. The application is therefore, dismissed.” the Bench ordered.

Thereafter, he filed the present application.

At the outset of the hearing today, Justice Trivedi told Hublikar, “You are filing one review after another, we will dismiss it with cost". Justice Sharma calmly told him, “Your matter has already been dismissed by this Court. You can’t apply every day, sir, you can’t apply every day.”

Hublikar claimed that he had “established” that the former Chief Justice had committed an offence under Section 219 of the IPC (Public servant in judicial proceeding corruptly making report, etc. contrary to law). This led Justice Trivedi to warn him to not compel the Bench to take action against him. Yet he continued, “What action you will take? (sic) I am already living a miserable life and the root cause of my miserable life is this Hon’ble Court.”

Justice Sharma then sternly told him that his making allegations against a judge and shouting at the Bench were unacceptable. “We are not taking action against you. You should be happy,” he said.

Towards the end of the hearing, Senior Advocate Siddharth Luthra, who was in the courtroom waiting for the next case, went up to Hublikar and told him, “Decide ho gaya he aapka matter (Your matter has been decided). Now you have to go.”

However, Hublikar kept on making submissions. He shouted, "Decide kaisa kiya aap ne? Maine jo issues raise kiya hai usko tho app refute nahi karte.... Dismiss kyu kiya? What is the reason? (How did you decide? You have not refuted the issues I have raised. Why did you dismiss it?)".

"Not maintainable", Justice Trivedi replied.

"Mujhe relief kaya hai? (What relief am I getting?)", Hublikar asked even as security personnel was trying to pull him away. "Kuch nahi (Nothing)", Justice Trivedi replied. "Kyu nahi kuch nahi? Mera kya fault hai usme? (Why nothing, what is my fault?)", he asked and continued, "When my PIL was heard first time, online, when I said what is my fault, they asked me why didn't you press with the registry for the past two years for early hearing. My application for early hearing was rejected by Surya Pratap Singh during the tenure of Justice Gogoi".

"We told you, don't mention (names of judges)", Justice Trivedi said.

"Mention kyu nahi karu? (Why shouldn't I mention) We can mention the Prime Minister's name. Even Trump is facing criminal trial", he said as the security officer whisked him out of the courtroom and the next matter was called out.

Cause Title: Arun Ramachandra Hublikar v. Justice Ranjan Gogoi And Ors [Diary No. 38245-2023]

Justice Bela M TrivediJustice Satish Chandra SharmaCJI Ranjan Gogoi

Tushar Kohli