The present system of judges recusing from the bench is not
something new, it was there even in Tretha Yuga. To illustrate this point, the
Lord quotes in Gita that
whatever is standard set by wise is followed by others.
During Tretha Yuga, the kings ruling the country were governed by the systems
established by Saptarushi Mandala which was headed by sage Vashista. In fact,
Vashista was the Kula guru for solar race of kings. It so happens, that once
Dasaratha, the king of solar dynasty goes to forest and by using
"Sabdabedhi" shoots an arrow which unfortunately kills a youth and
was cursed by his parents. After this incident, King Dasaratha directly goes to
saptarushi mandala and confesses the same before them and that he is liable for
punishment. Having appreciated his conduct, the Saptarushi mandala requests the
Chief Vasista to punish Dasaratha. Sage Vasista, says that he will not take up
the responsibility of giving a judgement as he was the Kula guru for solar race
of kings and he recuses himself but entrusts the responsibility to sage
Bharatwaja. Sage Bharatwaja pronouncing his judgement informs Dasaratha that
whatever act committed by him is not intentional, i.e., culpable homicide not
amounting to murder and sets him free but takes an, assurance in future, he
will not use "Sabdabedhi". Dasaratha after hearing the judgement,
returns to Ayodhya. Later on, there was a war between Devas and Asuras, in which
the devas, seek the help of Dasaratha and Kaikeyi, His wife was a charioteer.
It so happens that, though Dasaratha was compelled to use 'Saptabedhi', he
refrains from doing it keeping the judgement in mind of Saptarushi mandala. He
was about to be killed in the war but Kaikeyi saves him on two occasions in the
war, for which he grants her two boons. Of course, we know the later part of
the story and further developments in Ramayana. In nutshell, the above conveys
the message that the system of recusing was there times immemorial and that
system is followed even today and it is noteworthy that our Honourable Supreme
court and other high court's are following this tradition.
By
S Govindan
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