Supreme Court judge Justice Mohan M. Shantanagoudar recused himself from hearing a petition filed against the government’s move to charge J&k CM Omar Abdullah under the Public Safety Act. The case was finally heard by another bench
- Recusal usually takes place when a judge has a conflict of interest or has a prior association with the parties in the case.
- There are no written rules on the recusal of judges from hearing cases listed before them in constitutional courts. It is left to the discretion of a judge.
- The reasons for recusal are not disclosed in an order of the court. Some judges orally convey to the lawyers involved in the case their reasons for recusal, many do not.
- A recusal inevitably leads to delay. The case goes back to the Chief Justice, who has to constitute a fresh Bench.
Source : The Hindu