It refers to media-reports (TOI 04.10.2019) mentioning that as many as five judges of Supreme Court recused themselves from hearing a case. Recusal by judges from cases is not uncommon. Earlier also a Supreme Court judge recused himself from the bench hearing an appeal challenging closure of politically sensitive Bofors case. A judge of Delhi High Court once recused herself from hearing a case where she herself issued notice to former President Pranab Mukerji after admitting a writ filed by some individual urging some contents of the book authored by the former President to be deleted.
Recusal by judges from cases is not uncommon. Only recently a Supreme Court judge recused himself from the bench hearing an appeal challenging closure of politically sensitive Bofors case. Such recusal of judges resulting in formation of new benches results in unnecessary delay in hearing of cases. There have also been incidents when judges of higher courts have written to sitting Chief Justice of India about pressure and influence especially also from politicians.
It should be compulsory for judges to record reasons with complete details for seeking recusal. It will induce transparency and accountability in justice-delivery-system imposing an effective check on incidents of trying to influence or pressurise judges.
MADHU AGRAWAL