dear members
i am posting after a gap.
i wish to know when a judge should recuse from hearing a case.
please consider this: a judge whose senior has handled the case for one of the parties is informed about this fact ; the very same judge has previously appeared in many cases involving the parent body of one of the parties before him. should he recuse himself from the matter given his connection to one of the parties?
many would have noticed that justice sirpurkar has recused himself from the panel hearing the charges against justice dinakaran. both judges were in madras high court for some time. is this sufficient ground for seeking reclusion? in fact advocate vaigai from madras high court insisted that he recused himself.
urther, a judge, who is hearing the order passed by another judge in a lower court, has practiced with the judge who passed the impugned order in the same high court and after the elevation of the judge who passed the order has shared the bench with him. in these circumstances, should he recuse himself when the matter comes up before him in the higher court?
what are the views of our learned advocate members on this? is such recusion a thing to be decided by the call of conscience of the judges or is there any law or binding precedent in such matter?
kindly enlighten.
