Judge Loya death case: To recuse or not is a judge’s call, says Justice Chandrachud

‘A decision as to whether a judge should hear a case is a matter of conscience for him’

‘A decision as to whether a judge should hear a case is a matter of conscience for him’

Justice D.Y. Chandrachud, who wrote the judgment in the Loya PIL case on Thursday, made a point to dedicate nearly a page to advocate Prashant Bhushan for asking him and fellow judge Justice A.M. Khanwilkar to recuse from the case.

Justice Chandrachud said a decision whether a judge should hear a case was a matter of conscience for the judge. There was absolutely no ground or basis to recuse from the Loya case. “While it is simple for a judge faced with these kinds of wanton attacks to withdraw from a case, doing so would amount to an abdication of duty. There are higher values which guide our conduct,” he said.

Justice Chandrachud tore into Mr. Bhushan’s logic for seeking their recusal.

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