Recusal sparks debate: HC Bench questions ‘Bench Hunting’ circular
Judge steps aside, circular questioned
Bilaspur | Correspondent: During the hearing of a case at the Chhattisgarh High Court, Justice Sanjay S. Agrawal voluntarily decided to recuse himself from the proceedings. The reason for this decision was that his own niece, Shivangi Agrawal, had appeared as counsel in the matter. She serves as a junior to a Senior Advocate and had previously appeared before the court in this very case.
However, during the same proceedings, a Division Bench comprising Justice Sanjay S. Agrawal and Justice Narendra Kumar Vyas raised objections regarding a circular issued by the Chief Justice of the High Court just one day prior to the hearing.
While hearing the matter, the Division Bench of Justice Agrawal and Justice Narendra Kumar Vyas observed that the law lays down specific rules for lawyers, collectively referred to as "Professional Conduct and Etiquette." According to these rules, if a close familial relationship exists between a lawyer and a judge such as that of a father, grandfather, son, grandson, uncle, brother, nephew, cousin, sister, husband, wife, mother, daughter, aunt, niece, father-in-law, mother-in-law, son-in-law, brother-in-law, daughter-in-law, or sister-in-law, among others then the said lawyer ought not to appear before that particular judge.
Keeping this specific rule in mind, the Court stated that it would not be appropriate to continue hearing the matter before the same Bench, as doing so could potentially give rise to some form of controversy or misunderstanding. Consequently, the Court directed that the case be listed for hearing before a different Bench.
In its order dated April 17, the Bench explicitly stated that this step was essential to uphold impartiality and to avert any form of unnecessary controversy.
However, during the course of these proceedings, the Court raised an objection regarding another issue. A circular had been issued by the Chief Justice of the High Court just one day prior to the hearing, addressing the need to curb "Bench Hunting." "Bench Hunting" refers to a deliberate attempt by a lawyer to manipulate the system in such a way that their case is listed specifically before a particular judge or Bench. This circular stipulated that if a lawyer shares a personal relationship with a judge or has previously worked alongside that judge, they should refrain from appearing before that judge. Should a lawyer nonetheless proceed to do so, the court may examine the circumstances surrounding the situation.
The circular further stated that an exception (exemption) may be granted only under extremely rare and exceptional circumstances, and that the court would be required to record its reasons for doing so in writing.
However, questioning the validity of this circular, the Bench observed that the authority to determine when an exception should be made and how proceedings should be conducted ought to rest solely with the concerned Bench itself. The Bench was of the view that such directives appeared to constitute an interference in the functioning of the court.
Ultimately, the court directed that this matter be placed before the Chief Justice for appropriate further orders, so that a definitive decision regarding the issue could be taken.
