The Allahabad High Court Judge Has Taken the Appropriate Decision to Recuse Himself

 An Allahabad High Court judge has, in my humble opinion, taken the right decision to recuse himself from a case. He stated in open court that he had been approached by both parties to show them some favour. In my humble opinion, the matter concerns the grant of bail to a large number of persons lodged in jail.

There was a time when even the faintest whisper casting doubt on a judge's impartiality was enough for the judge to recuse himself or herself, without the slightest hesitation. I vividly remember an incident involving the Presiding Officer of the Industrial Tribunal at Tis Hazari Courts, Delhi. He recused himself from hearing a case on the ground that the counsel appearing for the management was a distant relative of his. I personally told him that I had no objection to his deciding the matter, but he politely declined and recused himself, nonetheless.

The Presiding Officer was a retired District Judge from Uttar Pradesh who had been appointed by the Delhi government to head the Industrial Tribunal. Such conduct by judges inspires confidence not only among litigants but also in the minds of the general public. It reinforces the fundamental principle that justice must not only be done but must also be seen to be done.

The contrast with the present day is striking. Increasingly, parties are compelled to seek the recusal of judges, often leading to public controversy and allegations against the judiciary. The proceedings in certain high-profile cases, including those involving Mr Arvind Kejriwal, illustrate how contentious such issues have become.

There is, of course, a legitimate concern that unscrupulous litigants may make baseless allegations against judges who are otherwise fair, honest, and upright, merely to secure a different Bench. However, where circumstances create a reasonable apprehension that a judge's impartiality may be questioned—or where the judge himself discloses that attempts have been made by litigants to improperly influence the proceedings—it is both prudent and appropriate for the judge to step aside. Such tactics may succeed only once or twice, but they cannot become a substitute for the judicial process.

In the present case, the Allahabad High Court judge has adopted the most appreciable course. Had he proceeded to hear the matter, whichever side lost would almost certainly have questioned the fairness of the outcome. By recusing himself, he has protected not only the integrity of the proceedings but also the credibility of the institution he serves