Recusal of Judge Cannot be Sought Just Because Order May Not be In Favour of Litigant: SC

The Apex Court, on Friday, February 05 2021, gave a judgement in an application-petition asking recusal of Justice Dr. D.Y. Chandrachud.

The petitioner, Neelam Manmohan Attavar, had filed the current petition trying to recall the September 2020 order given by the Hon’ble Supreme Court which concerned a criminal revision of a judgement given by the High Court of Karnataka in 2018. This order also involved Justice Chandrachud.

After hearing the applicant-petitioner at length, it was pointed out that Attavar had filed another petition for the very same relief, i.e. the recusal of Justice Chandrachud, earlier. That same application was dismissed by the court and thus, the second application for the same relief was not maintainable. The court saw no valid and good ground for the recusal.

Merely because the order might not be in favour of the applicant earlier, cannot be a ground for recusal. A litigant cannot be permitted to browbeat the Court by seeking a Bench of its choice.”

The rest of the petition was considered on its merits and was noted that the earlier application also had the same relief, i.e., recalling the September 2020 order. This was lodged by the registrar and the recalling was dismissed. Thus, the same relief was not maintainable.

The application was thus rejected and the prayer was rejected by the two-judge bench of the court, Justice M.R. Shah and Justice Dr. D.Y. Chandrachud.

Click to Read Order

Story by Sai Kulkarni (Intern)

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