In last month two judges of Supreme Court recuse themselves form hearing cases of West Bengal, recently judge of Delhi High Court Anup Bhambani for hearing cases related to digital media.

A judge can recuse from hearing the case when there is conflict of interest and he/she doesn’t want to create a perception of bias in mind of general public by holding the seat in the case, so they generally recuse.

This is one of the principles of natural justice that nobody can be the judge in his own case because that will create biasness. It’s necessary that the trial must be fair. That’s why conflict of interest is ground for recusing.

Another ground of recuse is that when a judge for example high court judge decided the case.  After sometime the appeal filed before the Supreme Court and by that time that high court judge also promoted to Supreme Court and the case came before him, them he/she will recuse himself form hearing of that case.

There are no written rules for recusal of judges’ from hearing the case. It’s left on their discretion. There is no rule for disclosing the reason behind the recusal from the case. If the judge wants to disclose than he can, there is no boundation.

Parties to the case can also make the judge aware of apprehension that there can be conflict of interest if you hear the case.

If the judge previously appeared in the case as an advocate for one of the party then they will recuse him on the ground of conflict of interest.

After the recusal of judge, the case will be delayed for fresh hearing till the new bench constituted by chief justice of India for hearing the case.

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