The principle of real likelihood of bias has now taken a tilt to ‘real danger of bias’ and ‘suspicion of bias’ [See, (2004) 8 SCC 788]. Theatrics of learned Senior Counsels? “Difficult to say for sure. But deep within, don’t we all understand” [See, (2014) 8 SCC 470]. No can suppose that Hon’ble Justice Dave could be, in the remotest degree, influenced by the interest that he had in the NJAC, but it is of the last importance that the maxim, that no man is to be judge in his own cause, should be held sacred. Recusals have become far too common though. The Judiciary is well and truly under attack. Here is an illustrative list of Recusals of Hon’ble Judges of the Supreme Court, who have retired in the last half a decade (and not as an outgoing CJI).
|Hon’ble Justice||Matter Pertaining To|
|Markandey Katju||Novartis Patent|
|R.V. Raveendran||Reliance Industries|
|Cyriac Joseph||Bangalore-Mysore Infrastructure Corridor|
|Dalveer Bhandari||Majithia Committee Report|
|D.K. Jain||Prakash Singh Badal|
|G.S. Singhvi||Radia Tapes|
|S.S. Nijjar||Sehajdhari Sikhs|
|B.S. Chauhan||General V.K. Singh|
|C.K. Prasad||Cairn Energy-Vedanta Deal|
|R.P. Desai||Doctor Strikes|
|S.J. Mukhopadhaya||Teesta Setalvad|
Quiz Time: Name the Missing Judges?