The Chhattisgarh High Court has recused itself from hearing a family dispute case, raising concerns over a recent administrative circular designed to curb the practice of 'bench hunting.'
Recusal Over Relative's Appearance
A division bench comprising Justice Sanjay S Agrawal and Justice Narendra Kumar Vyas recused itself after noticing that a junior counsel appearing in the case is the niece of one of the judges. The bench stated that proceeding with the matter would be 'not desirable' and could lead to 'unwanted controversy.' It emphasized the need to uphold professional ethics and directed that the case be listed before an appropriate bench excluding the concerned judge.
Circular on Bench Hunting Questioned
The bench also examined a circular issued on April 16, 2026, under the Chief Justice's direction, which seeks to restrict bench hunting. The circular mandates that exceptions to a bench should be made only in rare and bona fide circumstances. It advises advocates not to accept briefs that may lead to recusal situations due to personal or professional relationships with judges. However, the bench observed that while the circular aims to prevent bench hunting, it 'cannot direct or restrict' how a court should function in such matters. The bench stated that the circular appears to be an interference in the court's functioning.
Professional Conduct Rules Cited
The court referred to Rule 6, Part VI, Chapter II of the Standards of Professional Conduct and Etiquette under the Advocate Act, which discourages advocates from appearing before courts where close relatives serve as judges. The bench clarified that the decision to recuse lies solely with the bench concerned.
Future Course of Action
The bench directed that the case be placed before the Chief Justice for appropriate orders. The circular also allows advocates in pending matters to withdraw their appearance if they have accepted briefs that could lead to recusal, failing which the court may examine the circumstances in detail.
