We all know that in the Delhi liquor policy case, Arvind Kejriwal was discharged by the trial court. This order was later challenged by the CBI before the Delhi High Court, where the matter came up before Justice Swarana Kanta Sharma.
During these proceedings, Kejriwal filed a recusal request along with a fresh affidavit (April 2026). Notably, he did not directly allege bias against the judge. Instead, he carefully raised concerns about a possible conflict of interest, arguing that even the appearance of bias could affect the fairness of the proceedings.
According to reports, the affidavit:
- Pointed out a possible conflict of interest
- Highlighted that the judge’s immediate family members were empanelled with the central government
- Referred to the role of Tushar Mehta, who was appearing for the CBI
On this basis, Kejriwal argued a reasonable apprehension of bias.
The matter took a sharper turn on 17 April 2026, when Solicitor General Tushar Mehta made a strong submission in court. He opposed the plea, calling it a “mala fide” attempt that could lead to bench hunting, warning that such practices may create pressure on the judiciary. What began as a courtroom exchange soon turned into a national debate on judicial propriety and fairness.
So lets understand the two viral terms:-
- The Recusal of judge
- The Bench Hunting
Understanding Recusal
Recusal is the process by which a judge steps aside from hearing a case when there is a possibility of bias or conflict of interest. Though not codified in a specific statute, it is rooted in the principles of natural justice, particularly:
“Nemo judex in causa sua” — no one should be a judge in their own cause.
Over time, courts have clarified that recusal is not limited to actual bias. Even a reasonable apprehension or appearance of bias is sufficient, because justice must not only be done but also be seen to be done.
What is Bench Hunting?
Bench hunting (or forum shopping) refers to an attempt by a litigant to avoid a particular judge and have the case heard by another perceived to be more favorable.
Courts strongly discourage this practice because it:
- Manipulates the judicial process
- Undermines judicial independence
- Turns fairness into a strategic tool
If recusal is allowed too easily, it may enable parties to force judges off cases, which would seriously weaken the neutrality of the system. This is why courts treat bench hunting as a threat to the rule of law, as it challenges the “Master of the Roster” principle under which cases are assigned by the Chief Justice.
Where Do Judges Get the Power to Recuse?
There is no specific constitutional provision that expressly grants the power of recusal. Instead, it flows from broader constitutional principles:
- Article 21 ensures the right to a fair trial and an impartial judge
- Article 14 guarantees equality before law, requiring proceedings to be free from bias
- The principle of natural justice reinforces impartiality
- Courts also rely on their inherent powers under provisions like Articles 142 and 226
Thus, recusal exists as a constitutional necessity to preserve fairness and public confidence in the judiciary.
The Legal Foundation: Key Cases
Indian courts have consistently addressed the balance between fairness and misuse:
- Ranjit Thakur v. Union of India – established the test of reasonable apprehension of bias
- Manak Lal v. Dr. Prem Chand – prior involvement as a lawyer requires recusal
- State of West Bengal v. Shivananda Pathak – judges must avoid cases involving personal interest
- Indore Development Authority v. Manoharlal – warned against bench hunting
- Subrata Roy Sahara v. Union of India – rejected recusal based on vague allegations
- Supreme Court Advocates-on-Record Association v. Union of India – recusal depends on judicial conscience
The Turning Point: The Ranjan Gogoi Episode
If the Kejriwal case highlights the importance of perception, the controversy involving former CJI Ranjan Gogoi brought this issue into sharp focus.
When a former Supreme Court employee accused him of sexual harassment, a special bench was constituted—and initially, he himself sat on that bench. This raised serious concerns about judicial propriety and the principle that no one should be a judge in their own cause.
Although Justice Gogoi later stepped aside and an in-house committee found no substance in the allegations, the episode underscored a crucial point:
In recusal, timing and perception are as important as the final outcome.
Conclusion: Walking the Thin Line
The Kejriwal proceedings reflect a delicate balance:
- On one hand, even the appearance of bias matters
- On the other, recusal cannot become a litigation strategy
Courts must therefore navigate between protecting fairness and preventing misuse.
Final Thought
“Recusal is not about stepping away from power—it is about preserving the integrity of justice.”
Let’s wrap up this legal insight here. Stay tuned for the next breakdown, where another complex aspect of property law in India will be simplified with clarity and precision.
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— Anupama
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Written by: Anpama Singh | Legal Blogger
The Legal Trifecta: IPR | Cyber Law | Property Law
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