2 Bombay High Court judges recuse from hearing Anil Deshmukh's plea against CBI custody

Former Maharashtra Home Minister Anil Deshmukh challenged the orders of two special courts that allowed the CBI to take him into custody to probe the corruption charges against him.

Two judges of the Bombay High Court recused themselves from hearing a petition filed by former Maharashtra Home Minister Anil Deshmukh challenging the orders of two special courts that allowed the CBI to take him into custody to probe the corruption charges against him.

Deshmukh’s plea was listed before a single-judge bench of Justice Revati Mohite Dere. But when the matter was called out, Justice Dere said "not before me" before recusing herself from the case.

Deshmukh’s advocate Aniket Nikam then sought an urgent hearing of the plea before Justice PD Naik. In the afternoon session, when the case came up before Justice Naik’s bench, he, too, said, "Not to be listed before me."

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A judge can withdraw from hearing a case to prevent creating a perception that he or she decided the case with a bias as the judge might have been associated with the case or persons concerned in the case at some point. The judges generally do not have to cite a reason while recusing a case in open court.

Nikam will now move the registry by tomorrow to constitute a special bench to hear Anil Deshmukh’s plea. It is likely that in the next few days the hearing of the plea will begin, Nikam said.

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