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The SC in its recent judgment in the matter of Harsh Mander V. Union of India held that a litigant should not be permitted and allowed to question a judge on ‘Perceived Bias’ during the course of hearing. The Bench in its observation said that such grounds if allowed to be claimed during the proceedings can harm and stall judicial adjudication and may also interfere with administration of justice.
In the present matter the petitioner Harsh Mander filed a plea seeking recusal of the CJI Ranjan Gogoi from hearing the Assam Detention Centre cases. The three judge bench headed by CJI while dismissing the petition opined that if allowed “To do so, would encourage parties to ask for change of the Judge in the hope that someone else is more likely to agree with them and not take a contrary view.”
The bench held that litigant cannot be permitted and allowed to question a judge on perceived bias especially after hearing in the matter has commenced and orders have been passed. It must be left to the judge himself who is bound by oath of office to administer justice to all without fear, favor and prejudice.
The court in its observation accepted a fact that performance of judicial functions requires asking of unpleasant and difficult questions to arrive at just and fair decision. Assertions of bias if made on such basis will make seeking clarifications impossible for judges. The court also removed petitioner Harsh Mander from the records and appointed Legal Services Authority in the matter for further hearing.
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