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Recusal Of Judges

Recusal Of Judges:

The Calcutta high court has imposed a penalty of ₹5 lakh on West Bengal chief minister Mamata Banerjee for seeking recusal of Justice Kaushik Chanda from her Nandigram election petition over the judge’s alleged links with the Bharatiya Janata Party (BJP).

  • The court said the amount paid in penalties by the West Bengal CM will be used for the families of lawyers affected by Covid-19.
  • The judge, however, decided to step away from the case on his own personal discretion and released the case from his bench.
  • Judicial disqualification, referred to as recusal, is the act of abstaining from participation in an official action such as a legal proceeding due to a conflict of interest of the presiding court official or administrative officer.

Grounds for Recusal:

  • The judge is biased in favour of one party, or against another, or that a reasonable objective observer would think he might be.
  • Interest in the subject matter, or relationship with someone who is interested in it.
  • Background or experience, such as the judge’s prior work as a lawyer.
  • Personal knowledge about the parties or the facts of the case.
  • Ex parte communications with lawyers or non-lawyers.
  • Rulings, comments or conduct.

There are no definite rules on recusals by Judges.

  • However, In taking oath of office, judges, both of the Supreme Court and of the high courts, promise to perform their duties, to deliver justice, “without fear or favour, affection or ill-will