Refuse to Recuse

Posted on by Rudrajyoti Nath Ray

AIIMS v. Prof. Kaushal K. Verma, 2015 SCC OnLine 9226 observed, requests for a recusal must rest on reasonable apprehensions and not on speculative and fanciful suppositions. An interim order cannot become a tool for seeking recusal, nor can a litigant be permitted to choose a Bench merely because a prima facie view expressed by Court does not suit him.

Judiciary cannot be placed in an ivory tower and expected to live a life of complete seclusion, cut off from society.

In absence of any proof beyond doubt that the Office of the Judge has been misused for benefit of children or family, even a whisper of such allegations cannot be permitted.

To conclude, mere unease is wholly insufficient for a Judge to recuse. I will not recuse.

– Hon’ble Justice Swarana Kanta Sharma of Hon’ble High Court of Delhi, Central Bureau of Investigation v. Kuldeep Singh, [Crl. Rev. P. 134/2016], decided on 20.04.2026.

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'The Last Word' seeks to include not only wise and witty sayings but also curiosities. These words are not of obligation but of delight. I am not alone in my refusal to believe, law is tedious. For all who escaped these percipient eyes, mea culpa maxima. History, after all, has many cunning passages, contrived corridors and issues.