Recusal test

The hearing in the liquor case is an interesting instance of prejudice versus procedure (Editorial page, April 29). Although there is no law explicitly defining the recusal of a judge in a case, it lies within the judge’s discretion to recuse themselves in the interest of visible fairness and the principles of natural justice, notably nemo judex in causa sua (Latin), which means that a judge should not adjudicate a case in which there is a reasonable apprehension of bias. In Ranjit Thakur vs Union of India (1987), the Supreme Court held that the issue is not whether a judge is actually biased, but whether a party has a reasonable apprehension of bias. A significant number of precedents support this principle.

Buddha Jagdish Rao,

Visakhapatnam

The Delhi High Court has passed the recusal test. If it fails, litigants may begin to use it as a precedent. If we examine the mens rea of former Delhi Chief Minister Arvind Kejriwal, his intention did not appear to have been to ensure the judge’s recusal.

Rather, it seemed aimed at prolonging the trial or appeal. In criminal cases, when proceedings are delayed for a long time, their gravity tends to diminish. His apparent objective, therefore, was to increase the turnaround time and remain politically secure.

Ashok Kumar Sethi,

Hisar, Haryana

IPL scores

Even 200-plus scores are being chased successfully in the IPL. The IPL is becoming batters’ playfield with the passage of each game.

K. Pradeep,

Chennai