When the petition by T P Nanda Kumar, Chief Editor 'Crime magazine' came up before Justice M L Joseph Francis, he recused himself.
The petitioner had approached the court challenging the order of discharge by CBI special court,Thiruvananthapuram, against Vijayan and six others.
Even though submission was made by CBI counsel two months ago that appeal will be filed, CBI has not so far filed the revision petition challenging the discharge.
It stated that the CBI had failed to establish the fraudulent intention, abuse of official position, criminal conspiracy and element of cheating in connection with the award of contract to Canadian company SNC Lavalin for renovating three hydel projects in the state.
Earlier, Justice K Harilal, Justice Harun Al Rashid and Justice Thomas P Joseph had recused themselves from hearing the applications against Vijayan.