The Chief Justice D H Wagela recused himself from hearing the matter after an application seeking the same was filed.
Special prosecutor sought change:
An appeal was filed seeking the removal of Bhavani Singh as the special prosecutor in the Jayalalithaa case.
Earlier the high court refused to interfere with the appointment of Singh which promoted an appeal before a division headed by the Chief Justice.
When the matter came up today Singh filed an application in which he stated that the Chief Justice must recuse himself from the matter.
Singh said that earlier when the government had removed him from administrative duty the Chief Justice had consented to the same.
Since an earlier matter pertaining to Singh had the consent of the Chief Justice Singh felt that it could lead to prejudice while this case is being heard.
With the CJ opting out of the case the appeal pertaining to Singh continuing as the prosecutor will go up before another Bench. The new Bench is likely to be constituted on Wednesday, Feb 4.