How Judges rescue from cases and why ?
- Integrity Education, Delhi
- 23, Jun 2021
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.