July 10, 2013

If previous conduct of Judge creates likelihood of bias, he should recuse from hearing of Case

If previous conduct of Judge creates likelihood of bias, he should recuse from hearing of Case

Supreme Court has settled law on this Subject many times. (2011 -13- SCALE 352)

The law is well settled that a person who tries a cause should be able to deal with the matter placed before him objectively, fairly and impartially. No one can act in a judicial capacity if his previous conduct gives ground for believing that he cannot act with an open mind or impartiality.

The broad principle evolved by Supreme Court is that a person trying a case must be above suspicion of unfairness and bias.


Haresh Raichura
10/7/13