‘Black day’: Allahabad High Court judge recuses, says litigants ‘tried to approach’ him

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The court said that even the most subtle attempt to interfere with or influence the judicial decision-making process amounts to a direct assault on the rule of law. (Image generated using AI)Observing that the incident marked a ‘black day in the history of the court’, Justice Krishan Pahal of the Allahabad High Court has recused himself from hearing a batch of bail pleas after an alleged attempt by litigants to approach the judge during the pendency of the matters.The court remarked that such conduct strikes at the very heart of judicial independence and erodes public confidence in the purity of the decision-making process.“Efforts were made by the litigating parties to secure access to and approach the Presiding Judge. Such conduct, if permitted to pass unnoticed, strikes at the very heart of judicial independence and erodes public confidence in the purity of the adjudicatory process,” the court said in its order passed on July 30. Justice Krishan Pahal recused from hearing the case.Justice Pahal noted that the cases had been fixed for final hearing and orders were likely to be delivered later. However, he observed that efforts were subsequently made by the litigating parties to approach him. The court observed that the very foundation of the judiciary rests on the public’s unwavering confidence that justice is delivered impartially, fearlessly and free from any external influence. It said that even the most subtle or clandestine attempt to interfere with or influence the judicial decision-making process amounts to a direct assault on the rule of law.The court further observed that even if a legally correct order were ultimately passed in favour of the party, it could still be viewed with suspicion. “The order, irrespective of its legal correctness and intrinsic merit, would be susceptible to an unwarranted but damaging inference that it was the product of extraneous influence or inducement rather than an impartial judicial determination,” the order read.Emphasising that “justice must manifestly and unquestionably appear to have been done”, Justice Pahal said any attempt by a litigant or counsel to establish an extra-judicial channel of communication with a judge in relation to a pending matter was incompatible with the ethics of the legal profession and constitutional values underpinning judicial independence. He termed such conduct “an affront to judicial propriety” and “utterly intolerable”.Justice Pahal said that it was proper for him to recuse from hearing the case in order to preserve the dignity of the institution and eliminate even the slightest apprehension regarding the impartiality of the proceedings.Story continues below this ad“This Court, therefore, considers it wholly inappropriate to proceed further with the matters. In order to preserve the dignity of the institution, to protect the purity of the judicial process, and to eliminate even the faintest apprehension regarding the impartiality of the adjudication, this Court deems it proper to recuse itself from further consideration of the cases,” the court observed.He, therefore, directed that the matters be placed before the Chief Justice for assignment to an appropriate bench.Before concluding, the court observed that the independence of the judiciary is a constitutional guarantee owed to every citizen and warned that any practice creating an impression that judicial orders could be influenced through private approaches was “a menace to the administration of justice” deserving the strongest institutional condemnation.   Ashish Shaji is a Senior Sub-Editor at The Indian Express (Digital), where he specialises in legal journalism. Combining a formal education in law with years of editorial experience, Ashish provides authoritative coverage and nuanced analysis of court developments and landmark judicial decisions for a national audience. Expertise Legal Core Competency: Ashish is a law graduate (BA LLB) from IME Law College, CCSU. This academic foundation allows him to move beyond surface-level reporting, offering readers a deep dive into the technicalities of statutes, case law, and legal precedents. Specialized Legal Reporting: His work at The Indian Express focuses on translating the often-dense proceedings of India's top courts into clear, actionable news. His expertise includes: Judicial Analysis: Breaking down complex orders from the Supreme Court and various High Courts. Legal Developments: Monitoring legislative changes and their practical implications for the public and the legal fraternity. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More Tags:allahabad high court