1. Whether the judge should recuse himself from the instant case or not.

It is humbly submitted before the Hon’ble court that the judge must recuse himself from the case
because it would be the violation of natural justice, reasonable apprehension of bias and non-
compliance with the International code of judicial conduct.

Violation of Natural justice

In the instant case, Hon’ble judge has already express his convictions on the question of juristic
personality of forest that would led to the real likelihood of bias thereby the principle of natural justice
is being violated.
Natural justice is another name for common sense justice and based on the natural sense of man of what
is right and what is wrong. Natural justice consist of two principles-
a) Nemo judex in causa sua
b) Audi alter partam

In the instant case, Hon’ble judge had already made an opinion in the case of karamveer singh vs state
of maharajya that the forest could not be considered as the juristic personality.

Reasonable apprehension of bias

Due to the pre-determined notion of the judge the reasonable apprehension of biasness is being
involved. If the official has already made his mind regarding the issues involved and to be raised after
hearing then the very purpose of hearing may be frustrated.

Bias arises when the adjudicator has a pre-conceived opinion or a pre determination to decide a case or
issue in a particular manner so much so that such pre-disposition does not leave the mind open to
conviction. Since in such cases, it is a conditioned mind, which sways judgment and renders the judge
unable to exercise impartiality in a particular case, the adjudicator is disaqualified.

Justice and the appearance of that judge being delivered is fundamental to the maintenance of the rule of
law. A decision which is result of bias is “ corum non judice”. Justice must be rooted in confidence
and confidence is destroyed when right minded people go away thinking the judge was biased.

State of West Bengal vs Shivnanda pathak,

Ranjit Thakur vs Union of India,

Shri SC kaithla vs State of HP

R v Gough

The nature of the interest is such that public confidence in the administration of justice requires that the
decision should not stand. Impartiality is essential to the proper discharge of the judicial officer.

Non-compliance with the norms of International code of judicial conduct

Considering the apprehension of biasness, it would be in non- compliance with the international norms
of judicial conduct such as International principles on the Independence and accountability of judiciary,
norms of International commission of jurist, Universal Declaration of human rights , International
Covenant on Civil and Political rights.

Judges shall always conduct themselves in such a manner as to preserve the dignity of their office and
the impartiality and independence of the judiciary”.