The Supreme Court dismissed a plea filed for recusal of Justice DY Chandrachud on ground that a petitioner cannot choose a bench of his/her choice.
The petitioner sought for recusal of judge on ground that she might not get a favourable order.
The original case arose from a domestic violence complaint which dismissed by Metropolitan Magistrate, Bengaluru. Later, the appeal was also dismissed by Additional Sessions Judge. The revision petition at High Court was also dismissed after which the petitioner filed a writ petition under Article 226.
This writ petition was transferred to the Supreme Court where the division bench comprising of Justices DY Chandrachud and KM Joseph held that it is not maintainable, as an order passed by High Court, in exercise of its judicial powers, cannot be challenged.
The petitioner then sought for a recall of the order and filed an application for the same.
She appeared in person before the court and asked for recusal of Justice DY Chandrachud from hearing her petition.
Justice Shah observed that recusal would not be allowed as it is not based on reasonable grounds, and thus dismissed her application for the recall of the previous order.
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