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Home » Blog » Judicial Propriety and Recusal: Former Judge Seeks the Recusal of Supreme Court Justice in Apprehension of Bias
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Judicial Propriety and Recusal: Former Judge Seeks the Recusal of Supreme Court Justice in Apprehension of Bias

WM Team
WM Team Published May 10, 2023
Last updated: 2023/05/10 at 5:58 AM
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The application filed by former Gujarat high court judge, Justice R.A. Bhatt, seeking the recusal of one of the judges, Justice M.R. Shah, was recently heard by a bench comprising Justices M.R. Shah and C.T. Ravikumar at the Supreme Court. Justice Bhatt argued that Justice Shah had previously indicted him for causing delays in a trial during his tenure as a judge in the Gujarat high court. Consequently, Justice Bhatt expressed concerns over a perceived apprehension of bias and requested that the court consider his application for recusal.

Represented by senior advocates Devadutt Kamat and Aljo Joseph, Justice Bhatt’s legal team highlighted the importance of judicial propriety and urged the court to refrain from hearing the case in order to maintain the integrity of the judicial process. They clarified that they were not accusing Justice Shah of actual bias but argued that the mere existence of a perception of bias could undermine public confidence in the judiciary. Kamat further supported their argument by presenting copies of the orders issued by Justice Shah during his time at the high court, where he had expressed an opinion that Justice Bhatt was responsible for the trial’s delays.

The issue of recusal in the judiciary is a delicate matter that necessitates a careful evaluation of the circumstances surrounding the case. It is essential to uphold the principles of natural justice and maintain public trust in the judiciary’s impartiality. The concept of bias, whether actual or perceived, can significantly impact the fairness and credibility of a legal proceeding.

In response to Justice Bhatt’s application, Justice Shah and the bench presided over the arguments put forth by the petitioner’s legal team. They meticulously considered the allegations made by Justice Bhatt and evaluated the potential impact on the overall perception of justice. After carefully examining all the aspects, the bench reserved its decision on the matter.

The decision regarding recusal is critical as it sets a precedent for future cases and reinforces the judiciary’s commitment to fairness and transparency. The court’s decision will likely weigh the right to a fair trial against the concerns raised by Justice Bhatt, taking into account the principles of natural justice and the need to maintain public confidence in the judicial process.

The application for recusal filed by Justice Bhatt highlights the complexities and challenges faced by the judiciary in ensuring a fair and impartial legal system. While judges strive to uphold the highest standards of integrity, situations arise where perceptions of bias can arise, potentially undermining the credibility of the justice system. It is in such instances that the judiciary must demonstrate its commitment to transparency and fairness by carefully considering recusal applications and addressing any concerns raised by the parties involved.

Ultimately, the decision on the recusal application will depend on the assessment made by the bench regarding the potential impact on the case and the broader implications for the administration of justice. By approaching this matter with utmost diligence and sensitivity, the court can reaffirm its commitment to upholding the principles of natural justice and maintaining public trust in the judiciary.

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WM Team May 10, 2023
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