“Judge can’t recuse from a case merely because his father appeared in it for the State Appeared”- Sikkim High Court

Sikkim HC

As per the news the every judge has the duty to hear every matter placed before him without fear or favour. As per the news related, the Sikkim High Court abandoned an application of a District Judge who wanted to rescue from a case on the ground that his father was an Additional Advocate General and also appeared for the state in respect of the same subject matter. So, the district judge addressed the matter to the high court that the father had appeared for the state in the “Tittle Appeal” and the high court registered the reference as a Transfer petition. As per the transfer petition, the father of district judge had already filled the petition and once the case came into notice then it would not appropriate for him to proceed with another. According to Chief Justice Vijai Kumar Bist, this should not be ground for recusal from the case and also he stated that a judge can recuse the case if his any family member is involved in the same case which he is into it. Cases is discussed as whether or not, the judge can recuse from a case because his father appeared in it for the state appeared.


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