Grounds for Recusal

On 5th Feb 2021, Division Bench of Hon’ble Supreme Court of India, while dealing with Miscellaneous Application No. 42 of 2021 in Transferred Case (Criminal) No. 1 of 2020 titled Neelam Manmohan Attavar Versus Manmohan Attavar. has held that, “We see no valid and good ground for recusal by one of us.   Merely because the order might not be in favour of the applicant earlier, cannot be a ground for recusal. A litigant cannot be permitted to browbeat the Court by seeking a Bench of its choice. Therefore, the prayer of the applicant/petitioner in person that one of us (Dr. Dhananjaya Y Chandrachud,   J.) should recuse from hearing the present miscellaneous application is not accepted and the said prayer is rejected.”

The Petitioner herein had sought recusal of the judge, on his hearing of a successive application for recall of an earlier order passed by the Hon’ble Supreme Court in T.P.(Cr).