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Justice DY Chandrachud Recuses From Hearing A Case On The Ground That Advocate Happened To Be A Relative

Mehal Jain
15 Dec 2020 5:04 AM GMT
Justice DY Chandrachud Recuses From Hearing A Case On The Ground That Advocate Happened To Be A Relative
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Justice D. Y. Chandrachud on Friday recused from a matter on the ground that the advocate appearing happened to be a relative.An appeal under section 130 E of Customs Act, 1962 had come up on the docket before a bench of Justices D. Y. Chandrachud and M. R. Shah."You should not take up briefs which are before me. Let it go to some other bench", said Justice Chandrachud.It may noted that...

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Justice D. Y. Chandrachud on Friday recused from a matter on the ground that the advocate appearing happened to be a relative.

An appeal under section 130 E of Customs Act, 1962 had come up on the docket before a bench of Justices D. Y. Chandrachud and M. R. Shah.
"You should not take up briefs which are before me. Let it go to some other bench", said Justice Chandrachud.
It may noted that the 'Restatement of Values of Judicial Life' Charter adopted by the Supreme Court on 7 May 1997, which is a code of judicial ethics and serves as a guide for an independent and fair judiciary, paving the way for the impartial administration of justice, prescribes that a judge should not permit any member of his immediate family, such as spouse, son, daughter, son-in-law or daughter-in-law or any other close relative, if a member of the Bar, to appear before him or even be associated in any manner with a cause to be dealt with by him.
Rule 6 of the BCI Rules, 1975 also provides that an advocate shall not enter appearance, act, plead or practise in any way before a court, Tribunal or Authority mentioned in Section 30 of the Advocates' Act, if the sole or any member thereof is related to the advocate as father, grandfather, son, grand-son, uncle, brother, nephew, first cousin, husband, wife, mother, daughter, sister, aunt, niece, father-in-law, mother-in-law, son-in-law, brother-in-law daughter-in-law or sister-in-law. "For the purposes of this rule, Court shall mean a Court, Bench or Tribunal in which above mentioned relation of the Advocate is a Judge, Member or the Presiding Officer", reads the Rule.


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