SHAH AND S. RAVINDRA BHAT, JJ.] versus MANOHAR LAL & ORS. ETC.

SHAH AND S. RAVINDRA BHAT, JJ.] versus MANOHAR LAL & ORS. ETC.

A judge having rendered judgment in a smaller Bench is not disqualified from participating in a larger Bench reconsidering the issue; recusal is not required merely due to prior decision or expression of opinion on a legal issue. It is for the judge to decide recusal, and acceding to such requests would undermine judicial independence and promote bench hunting.

Parties
Petitioner: Indore Development Authority; Respondent: Manohar Lal & Ors.
Jurisdiction
India
Judgment Date
23 October 2019
Procedural Posture
Special Leave Petition (civil) Nos.9036 9038 of 2016; Civil Appeal; Miscellaneous Applications / Preliminary Order on Application for Recusal; Reference Before Five Judge Bench
Outcome
Application for recusal rejected. Reference to be heard on merits by the Bench.
Legal Topics
Recusal of Judge, Bench Hunting, Judicial Discipline
Practice and Procedure Judicial Ethics Recusal of Judge Bench Hunting Judicial Discipline

Case Brief

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Parties

Indore Development Authority

Petitioner

Manohar Lal & Ors.

Respondent

Procedural Posture

Special Leave Petition (civil) Nos.9036 9038 of 2016; Civil Appeal; Miscellaneous Applications / Preliminary Order on Application for Recusal; Reference Before Five Judge Bench

Legal Issues

  1. 1 Whether a Judge who has expressed an opinion in a smaller Bench, and whose decision is referred to a larger Bench, can participate in the larger Bench.
  2. 2 Whether recusal should follow merely from a Judge’s prior opinion, constituting alleged legal pre-disposition.

Ratio Decidendi

A judge having rendered judgment in a smaller Bench is not disqualified from participating in a larger Bench reconsidering the issue; recusal is not required merely due to prior decision or expression of opinion on a legal issue. It is for the judge to decide recusal, and acceding to such requests would undermine judicial independence and promote bench hunting.

Court Disposition

Application for recusal rejected. Reference to be heard on merits by the Bench.

Orders

  • Application for recusal of Justice Arun Mishra rejected.
  • Bench to proceed to hear and decide the reference made to it, on its merits.