No one can insist that judge disclose reason for recusal: Delhi HC

‘An investigation into the cause for a judge’s recusal would interfere with the course of justice’

No litigant or third party has any right to intervene, comment or enquire regarding a judge’s recusal from a case, the Delhi High Court has said.

The High Court’s observation came this week while rejecting a plea by a woman seeking an investigation against persons who had allegedly tried to influence the court of a Metropolitan Magistrate here.

Justice Asha Menon said that an investigation into the cause or reason for recusal by a judge, particularly by a litigant, would itself be an interference with the course of justice.

“The recusal has to be respected, whether a reason has been spelt out in detail or not. Had a judge refrained from giving a reason for recusal, no one can insist on the judge making such disclosures. The discretion of the concerned judge in the matter of disclosure is absolute,” Justice Menon said.

The petitioner, who is the director of a local firm, was embroiled in a litigation with another firm when the Metropolitan Magistrate hearing the case decided to recuse citing that a “known” person was trying to influence the court.

The Metropolitan Magistrate, in an August 2017 order, recorded that he/she was approached by someone “known”.

The woman, in her plea, argued that since the Metropolitan Magistrate had held that few persons were trying to influence the hearing, the identity of those persons should be established. She sought an FIR for the investigation of the matter.