Excelsior Correspondent
Jammu, Aug 26: A case pending under Protection of Women from Domestic Violence Act in the court of Forest Magistrate, Jammu and which was submitted to Chief Judicial Magistrate, Jammu by Presiding Officer of former court seeking re-cusal from hearing the same for personal reasons, CJM, Jammu A.S Langeh refused to concede to request of Presiding Officer for recusal from hearing the case.
While directing that matter be sent back to court concerned, CJM observed, “Ironically enough, order recorded by the Magistrate does not spell out, even by insinuation, the under-lying reasons that prompted her to recuse from hearing matter in hand particularly when record showed that matter remained subjudice in said court since 29.07.2019 during which period an application under section 12 of the Act was also disposed of”, adding “having conducted the proceeding in the matter for more than two years, for Magistrate now to say that she cannot hear this petition for personal reasons – if I may say so, is a proposition which is wholly un-acceptable if not an abdication.”
Asking the court concerned to proceed ahead in the matter in accordance with law, the CJM under-lined, “barring very cogent and crisply plausible reasons indicating conflict of interest, a Presiding Officer cannot be excused on whims from hearing a matter” and directed the parties to appear before court concerned on 28.08.2021.
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