Judges Can Distinguish Between Personal Beliefs and Official Duties: Kerala HC Dismisses Plea Seeking Recusal of Justice Sophy Thomas
The Kerala High Court while dealing with a Petition seeking recusal of a Judge, dismissed the plea on the grounds that it causes a negative impact on the independence of the judiciary if judges recuse themselves on mere allegations.
The Two Judge Bench headed by Justice A. Muhamed Mustaque and Justice Sophy Thomas held that “a judge is conscious of that blurred line which allows them to distinguish the value that is to be followed in their official capacity and their personal life.”
Further, the Court said “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.”
Advocate Yeshwanth Sheoney who is also the Petitioner appeared as Party-In-Person while Advocate S. Sreekumar appeared for the Respondents.
In the case, the Petitioner sought recusal of Justice Sophy Thomas alleging personal bias. The High Court was dealing with a contempt case against the Petitioner. The Petitioner wanted to implead Justice Sophy Thomas in a different contempt case and sought her recusal.
Further, the Petitioner alleged that in a previous case filed by the Petitioner, Justice Sophy Thomas was the Registrar General wherein the Registrar (Judicial) acting under the instructions of the Registrar General had to apologize for non-compliance.
The Court while dealing with the reasons in the plea by the Petitioner observed that “Irrespective of his beliefs, or faith, the ability of a judge to discharge his duties uninfluenced by his emotional values symbolise blindfolded justice.”
Talking about the Petitioner’s stand, the Bench said “The contempt case ( Filing No. 948 of 2023) is yet to be numbered. We do not understand how he can propose to implead Justice Sophy Thomas without the same being entertained and numbered. Obviously, the attempt of Adv. Yeshwanth Shenoy is to compel Justice Sophy Thomas to avoid hearing the matter by raising unnecessary allegations.”
Accordingly, the Court dismissed the plea seeking recusal of Justice Sophy Thomas.
Cause Title: Suo Motu v. Yeshwanth Shenoy
Click here to read/download the judgment
