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How Judges rescue from cases and why ?

  • Integrity Education, Delhi
  • 23, Jun 2021
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Why in news: Justice Indira Banerjee and Justice Aniruddha Bose have recused themselves from hearing cases relating to West Bengal.

Why does a judge rescue

  • The practice stems from the cardinal principle of due process of law that nobody can be a judge in her own case
  • According to ‘Restatement of Values in Judicial Life’, a code of ethics adopted by the Supreme Court:  A Judge shall not hear and decide a matter in a company in which he holds shares… unless he has disclosed his interest and no objection to his hearing and deciding the matter is raised
  • when an appeal is filed in the Supreme Court against a judgement of a High Court that may have been delivered by the SC judge when she was in the HC.

Can a judge refuse to rescue

Once a request is made for recusal, the decision to recuse or not rests with the judge.