Why Justice Sanjiv Khanna has recused from hearing Sajjan Kumar’s appeal in SC

In a rather surprising development, Justice Sanjiv Khanna recused from hearing the appeal filed by former Congress MP Sajjan Kumar in the Anti- Sikh riots case..The reason given by Khanna J was that when he was a judge of Delhi High Court, he had passed a judicial order against Sajjan Kumar in the same case..Solicitor General Tushar Mehta said in Court today that the High Court order would not have any bearing in the matter in the Supreme Court, and that it was not necessary for the judge to recuse..CJI Ranjan Gogoi said that he had discussed the same with his brother judge, who has chosen to stick to his decision..“We had a debate about this”, said Gogoi J, indicating that Khanna J. had remained steadfast on his decision..The matter was therefore adjourned, and will be heard by a new Bench now..In December last year, the Delhi High Court had convicted Sajjan Kumar for his role in the 1984 anti-Sikh riots. He had been sentenced to imprisonment for life..Sajjan Kumar was sentenced to life imprisonment under Section 120B r/w Sections 302, 436, 295, 153A and 153B of the Indian Penal Code..The High Court reversed the 2013 decision of the trial court and held him guilty of the offences of murder, promoting enmity between groups, and defiling public property..The Supreme Court had issued notice in Kumar’s appeal against the High Court judgment last month..Read the order below.