Allahabad High Court: Anticipatory Bail Without Hearing POCSO Victim is Void
Case Law

Allahabad High Court: Anticipatory Bail Without Hearing POCSO Victim is Void

India·Wire Summary⏱️ 1 min read

The Indian legal system places a high premium on judicial independence and impartiality, principles deeply embedded in constitutional jurisprudence and ethical guidelines for judges. While there isn't a specific statute dictating recusal, it is a well-established practice rooted in principles of natural justice, particularly *nemo judex in causa sua* (no one should be a judge in their own cause). The Supreme Court's internal rules and conventions guide such decisions, often leaving it to the individual judge's conscience. The Chief Justice of India holds the administrative power to constitute benches and assign cases, which is the next procedural step in this matter. The underlying case involves an appeal against a High Court order directing a CBI probe, indicating serious allegations of corruption that fall under the purview of criminal law and public accountability.

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