Circular Issued to Prevent Bench Hunting; Matter Scheduled for Final Hearing in June 2026
In a significant development at the Chhattisgarh High Court, the Division Bench led by Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal addressed the issue of judicial recusal following concerns about potential bench hunting. The case in question, Ayushi Ginoria (Agrawal) vs. Sumit Agrawal, was initially admitted by a coordinate Bench on August 21, 2025, but faced procedural hurdles due to recusal by one of the Bench members.
The matter saw a new twist when a Circular issued on April 16, 2026, by the Registrar (Judicial) became a focal point. This Circular aimed to prevent bench hunting and ensure that court proceedings are not inadvertently influenced or misled by appearances. Although the Circular does not mandate recusal, it serves as a cautionary note, leaving the final decision of recusal to the judicial discretion of the Bench.
The issue of recusal arose during a hearing on April 17, 2026, when one of the members of the coordinate Bench expressed reservations. Subsequently, the Registrar (Judicial) presented the matter, along with office notes dated April 23, 2026, to the Chief Justice on the administrative side. On April 25, 2026, the Chief Justice clarified that the Circular was not intended to interfere with court functioning but rather to safeguard against potential bench hunting.
In a written order, the Chief Justice underscored that the Circular serves as a safeguard to prevent the court from becoming a tool for litigants with vested interests. While the Circular does not mandate recusal, it allows the court to exercise judicial discretion in deciding whether to recuse from a case.
The court noted the importance of maintaining judicial discipline and propriety and directed that the matter be listed before Division Bench-I due to expressed reservations by a member of the original Bench.
Additionally, procedural issues related to paper book submission were addressed. Senior Advocate Manoj Paranjpe, representing the appellant, acknowledged defects in the submitted paper book as pointed out by the Registry. The court granted time to rectify these defects and directed that a corrected paper book be submitted within a week. The case is now scheduled for final hearing on June 18, 2026.
This judgment highlights the court's commitment to upholding judicial integrity while addressing procedural challenges to ensure fair and unbiased hearings.
Bottom line:-
Judicial discipline and propriety maintained in cases of recusal by one of the Bench members. Circulars issued by the Registrar (Judicial) are intended to prevent possible bench hunting and ensure that the Court/Bench is not inadvertently influenced or misled in matters of appearance.
Statutory provision(s): Circular dated 16.04.2026 issued by Registrar (Judicial), Judicial discretion in recusal decisions
Ayushi Ginoria (Agrawal) v. Sumit Agrawal, (Chhattisgarh)(DB) : Law Finder Doc id # 2891922
