Thread by @scroll_in

Ten recusals in Bhima Koregaon raises the question: Should judges disclose reasons for withdrawal?

Would disclosing reasons reduce the controversy around mass recusals? By @UmangPod

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So far five judges in the Bombay High Court have recused themselves from hearing petitions related to the Bhima Koregaon case with Justice Sadhana Jadhav being the latest one. scroll.in/a/1022500

By @UmangPod

Apart from the Bombay High Court, five judges of the Supreme Court had earlier recused themselves from hearing pleas by another accused in the case, activist Gautam Navlakha. scroll.in/a/1022500

In total, as many as 10 judges have recused themselves from hearing charges in the controversial Bhima Koregaon case, where activists have been accused by Modi govt of attempting to assassinate the prime minister, amongst other charges, @UmangPod writes

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Judges recuse themselves to avoid any conflict of interest while deciding a case. However, since there is no law governing when & how a judge should resign, the reasons behind a recusal do not have to be disclosed – and often aren’t. scroll.in/a/1022500

By @UmangPod

While none of the 10 judges have provided any reasons for their recusals, there has been conjecture about conflicts of interest that would have forced them to do so. scroll.in/a/1022500

By @UmangPod

Till now, 16 activists, academics and lawyers have been arrested in the #BhimaKoregaonCase for allegedly sparking off caste violence that broke out at the Bhima-Koregaon memorial near Pune on New Year’s Day, 2018. By @UmangPod

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While agreeing that the high number of recusals in the Bhima Koregaon case was unusual, former SC judge Madan Lokur told @UmangPod, “I will give the judges the benefit of the doubt. I do not think judges are scared of deciding cases.” scroll.in/a/1022500

While most of the #BhimKoregaon accused were arrested in 2018, only one accused person has got bail till date. scroll.in/a/1022500

Independent forensic investigations have suggested that the evidence against Bhim Koregaon accused was planted on their computers using malware.

Activists have approached the court asking for an enquiry into these allegations. Several commentators have also pointed out that the case suffers from procedural lapses & is built on shoddy evidence.scroll.in/a/1022500

By @UmangPod

Several senior advocates, such as KTS Tulsi and Mukul Rohatgi, believe that the public should know the reasons behind a judge’s recusal.

However, several others disagree. scroll.in/a/1022500

By @UmangPod

In his concurring opinion, Justice Kurien Joseph wrote that it was the judge’s “constitutional duty” to be “transparent and accountable” and therefore, she should indicate the reasons for her recusal. scroll.in/a/1022500

By @UmangPod

Apart from the Bombay High Court, five judges of the Supreme Court had earlier recused themselves from hearing pleas by another accused in the case, activist Gautam Navlakha.

@UmangPod writes. ✍️

Read more: scroll.in/article/1022500

In 2015, while ruling on the constitutionality of the National Judicial Appointment Commission, a 5-judge bench of the Supreme Court also decided on certain aspects of judge recusals.

@UmangPod writes. ✍️

Read more: scroll.in/article/1022500