Judgment set aside where judge who earlier recused himself later rendered revisional decision without disclosing recusal

SC held that a revisional judgment rendered by a judge who had earlier recused himself at trial, without disclosure of that recusal in the High Court proceedings, violated principles of natural justice and fair trial. The impugned judgment was set aside for bias/suspicion of unfairness, and the matter was restored to the HC for fresh consideration.

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Issues:
Appeal against Judgment and Order of High Court | Recusal of Judge from trial | Principle of natural justice and fair trial | Application of the real likelihood of bias test

Analysis:
1. The appeal was filed against the Judgment and Order of the High Court of Delhi, which dismissed the revision petition against the Judgment and Order passed by the Additional Sessions Judge. The matter was intended to be remanded to the High Court for fresh disposal without delving into the factual matrix.

2. The case involved the recusal of the trial judge, who withdrew from hearing the matter due to personal reasons. The case was then transferred to another judge for trial, leading to the accused being acquitted. The appellant, being dissatisfied, filed a revision petition which was dismissed by the High Court.

3. The Supreme Court noted that the trial judge, who had recused himself earlier, was unaware of this fact during the revision petition before the High Court. The Court opined that the subsequent judgment by the same judge post-recusal went against the principles of natural justice and fair trial.

4. The Court emphasized that judges must act impartially and without bias to ensure fair proceedings. Citing previous cases, the Court highlighted the importance of avoiding any reasonable apprehension of bias in judicial decisions to maintain the integrity of the legal process.

5. Referring to various legal precedents, the Court reiterated the need for judges to be free from bias or the perception of bias in their decisions. The test of real likelihood of bias was emphasized, stating that justice must not only be done but also appear to be done to maintain public trust in the judiciary.

6. Considering the principles of natural justice and fairness, the Supreme Court set aside the High Court's Judgment and Order and remanded the matter for fresh disposal, clarifying that no opinion on the case's merits was expressed. The decision aimed to uphold the integrity of the judicial process and ensure a fair trial for all parties involved.

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