The Kerala High Court has recently expressed concern over the potential negative impact on the independence of the judiciary if judges recuse themselves from cases due to unfounded allegations of bias. This observation was made in the case of Suo Motu v. Yeshwanth Shenoy by a bench comprising Justices A Muhamed Mustaque and Sophy Thomas.
The bench stated,
“A Judge, who has taken the oath of office to discharge his/her duties without fear or favour, affection or ill-will, if succumbs to the threat posed by a party litigant or his Counsel, who makes wild allegations of bias, or false implications in a case, it will have a negative impact on the independence of judiciary, and may set a bad precedent in the justice delivery system.”
The court further clarified that while a common man might not discern it, judges are capable of performing their official duties without their personal beliefs influencing their decisions. The court emphasized,
“The judicial decision of a Judge is following law that may even override his personal views. Personal views are external and excluded in consideration of a dispute before him.”
The bench also clarified that judges should only entertain pleas for recusal when they have a personal interest in the case, not merely because such a plea has been raised.
“If the judge tends to accept such a plea for recusal without any reason and on a mere plea raised by a party or a lawyer, that could be akin to accepting that the judge has lost his conscience and is vulnerable to a cause raised before him.”
These observations were made during the consideration of a suo motu criminal contempt case against Advocate Yeshwanth Shenoy for his alleged misconduct in the court of Justice Mary Joseph. Shenoy had sought the recusal of Justice Thomas, alleging personal bias. However, the court found no substantial grounds for Justice Thomas to recuse herself and rejected Shenoy’s application, scheduling further hearing on the contempt case for July 14.
The court concluded,
“Obviously, the attempt of Adv. Yeshwanth Shenoy is to compel Justice Sophy Thomas to avoid hearing the matter by raising unnecessary allegations. Justice Sophy Thomas has no interest in that cause or in its outcome, as alleged by Adv. Yeshwanth Shenoy….”