When a Judge of HC or SC is supposed to withdraw from a case? What is conflict of interest?
In Supreme Court, when case of Reliance - Brothers was going on, one judge suddenly, after one week of ongoing hearing, said he is withdrawing from hearing of case.
He said one of the party of case has engaged a law firm, where his daughter, who is a lawyer, is working.
He sensed conflict of interest and he withdrew from case.
One another SC Judge withdrew from a case, because one of the party of case sent a fax to him making allegations of bias against him.
One Judge, before starting a case between two companies, disclosed that he is holding shares of one company. He said he will hear the case only if both sides lawyers have no objection.
Judge also often withdraw from a case, if he notices that before some years, he was lawyer for one of the party.
In cases, where judges have any remote pecuniary interest in case, they are supposed to withdraw from a case. This is called conflict of Interest.
When some of the relative of Judge is associated with some of the party in case, then it is a conflict of Interest. There also judges are supposed to withdraw.
But in last, 60 years of history of India, no one has asked a Judge to withdraw from a case on ground that his or her father is from BJP or Congress. Such a demand is wholly inappropriate.
At the same time, if there is wide spread perception that a Judge should withdraw from case, the Judge can make his or her own decision to withdraw. Because he or she has no personal interest in case, he or she may have no objection in withdrawing.
But it can only delay hearing of a case, because if new judge is appointed, he or she may have to hear case from beginning.
But the point is, there is no convention, there is no precedent that a judge should withdraw from a case because of political affiliation of his or her father.
Haresh Raichura
28/6/13