Recusal test

The hearing in the liquor case is an interesting instance of prejudice versus procedure (Editorial page, April 29). Although there is no law explicitly defining the recusal of a judge in a case, it lies within the judge’s discretion to recuse themselves in the interest of visible fairness and the principles of natural justice, notably nemo judex in causa sua (Latin), which means that a judge should not adjudicate a case in which there is a reasonable apprehension of bias. In Ranjit Thakur vs Union of India (1987), the Supreme Court held that the issue is not whether a judge is actually biased, but whether a party has a reasonable apprehension of bias. A significant number of precedents support this principle.


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