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whether advocate can ask judge to recuse from case?


Whether advocate can ask judge to recuse from case?

 
Thus, neither English Law nor Indian Law nor the Patna High Court Rules nor even any precedent can come to rescue Mr. Giri as with regard to Hon‟ble the Chief Justice recusing herself from the Full Bench.

In my considered view, though the Judges are also mortal and human being and thus, not infallible but, then, it would be too naive to ask a judge to recuse himself or herself only because he/she may have decided some similar cases earlier. In this regard and on this aspect, I would not like to say anything more but to quote Justice Frankfurter who in the case of Public Utilities Commission of the District of Columbia Vs. Pillak reported in (1951) 343 US 451, had said as follows:- “The judicial process demands that a Judge may move within the framework of relevant legal rules and the court covenanted modes of thought for ascertaining them. He must think dispassionately and submerge private feeling on every aspect of a case. There is a good deal of shallow talk that the judicial robe does not change the man within it. It does. The fact is that on the whole Judges do lay aside private views in discharging their judicial functions. This is achieved through training, professional habits, self discipline and that fortunate alchemy by which men are loyal to the obligation with which they are interested. But it is also true that reason cannot control the subconscious influence of feelings of which it is unaware. When there is ground for believing that such unconscious feelings may operate in the ultimate judgment or may not unfairly lead others to believe they are operating, Judges recuse themselves. They do not sit in judgment.....
Judge once expressed his/her opinion in matter -It can not be said that he or she gets biased and that judge shall not hear similar matter raising identical issue.

IN THE HIGH COURT OF JUDICATURE AT PATNA 
Kalpana Rani, Versus  The State of Bihar, Mohiuddinpur, 
Patna High Court LPA No.1569 of 2010 dt. 15-05-2014
CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE MIHIR KUMAR JHA And HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH C.A. V. Judgment (Per: HONOURABLE THE CHIEF JUSTICE) Date 15th May 2014
Citation;AIR 2014 patna 173

http://www.lawweb.in/2014/10/whether-advocate-can-ask-judge-to.html

 
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Advocate

Sir, what exactly do you want from the forum?

 
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