A litigant cannot seek recusal of the judge during a hearing, the Supreme Court has said.
“Judicial functions, sometimes, involve performance of unpleasant and difficult tasks, which require asking questions and soliciting answers to arrive at a just and fair decision. If the assertions of bias are to be accepted, it would become impossible for a judge to seek clarifications and answers,” a Bench led by Chief Justice of India Ranjan Gogoi observed in a recent order.
The order was based on an plea by activist Harsh Mander seeking the recusal of the CJI from his PIL highlighting the plight of inmates in Assam’s detention centres for illegal immigrants.
Refusing to recuse, Chief Justice Gogoi said “a litigant should not be permitted and allowed to question a judge on perceived bias especially after hearing has commenced and orders on different dates have been passed”.
The decision to recuse is solely the judge’s own. “Normally, this should be left to the judge himself who is bound by the oath of office to administer justice to all persons alike without fear, favour and prejudice. The litigant, without any firm basis, cannot be permitted to raise such objection on the basis of the court hearing,” Chief Justice Gogoi observed in the order.
If a judge recuses on the word of the litigant, it may fall into a practice and would descend into forum-shopping, the Bench said.