Today, the Apex Court of India has refused to entertain a plea, moved by former IPS Officer Sanjiv Bhatt seeking the recusal of Justice MR Shah from hearing his case. 

The division bench of Justices MR Shah and CT Ravikumar was hearing Bhatt's petition seeking to adduce additional evidence in the criminal appeal filed by him in the Gujarat High Court challenging his conviction in a 1990 custodial death case.

During the hearing, Senior Advocate Devadatt Kamat, counsel for Bhatt, requested the bench to recuse from the hearing, considering the fact that he has passed strictures against Bhatt while hearing his petitions arising out of the same FIR as a judge of the Gujarat High Court. 

"Justice is not only to be done, but also seen to be done...judicial propriety would demand that your lordship (J. Shah) may not hear this matter", Kamat submitted after referring to orders passed by Justice Shah against Bhatt.

On the contrary, Senior Advocate Maninder Singh, appearing for the State of Gujarat, opposed the plea for recusal. In his argument, he submitted that several other cases of Bhatt have been dealt with by Justice Shah and in none of those cases, a plea for recusal was made. One cannot seek recusal selectively, the senior counsel said.

Considering all the facts, bench pronounced the order, declining the plea for recusal