Thread by @LiveLawIndia

Recusal Should Not Come So Easy But Question Is Of Perception Of Bias, Judge's 'Comfort' Level: Justice Bhambhani In Case Against Zee News #Journalism #Recusal livelaw.in/news-updates/d…

“Recusal should not come so easy but there are higher considerations than deciding than A versus B. No one should ever feel this matter went one way or the other because of ... It is not actual bias but the perception Of bias,” the judge said.

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Justice Bhambhani was hearing Asif Iqbal Tanha's plea against leak of his alleged confession statement to media in the larger conspiracy of 2020 North East Delhi riots.

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“Even deciding the application, I have to have the comfort level. I never get into a matter where I myself am not comfortable with my independence," said Justice Bhambhani.

The judge clarified that 'comfort' may not be the best word.

The question of Justice Bhambhani's possible recusal has arisen because of applications filed by NBDA and NBF, both of which apprehend that a decision in the case may lead to registration of FIR against journalists and also have an impact on the question of disclosure of sources.

"Both of you may or may not see any bias [but] I have to have the comfort level to decide the matter," said Justice Bhambhani.

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During the course of hearing, the judge also said, "Your perception of bias or his perception of bias is separate matter but I can certainly say my comfort level in hearing the matter. I am using the phrase advisedly."

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None of the the parties have explicitly sought Justice Bhambhani's recusal. It has rather been submitted that they only want to assist the court.

Before his elevation as a judge of High Court, J. Bhambhani practiced in media law. He also granted bail to Tanha in criminal case.