Law:

Section:

Penal Code (XLV of 1860)- -- S. 161 read with Prevention of Corruption Act (II of 1917), S. 5(2) read with Martial Law Order, 1977 ((M. L. A.) Zone A] No. 7- Bias-Opportunity of hearing-Maxim "Nemo debet esse Judex In propria causa" (no man shall be a Judge in his own cause)-One of cardinal principles of natural justice-Petitioners tried and convicted by a Court presided. over by an officer, such officer accompanying raiding party and in fat instrumental in raid and arrest of petitioners- Serious and material error in proceedings, held, occasioned and conviction and sentence liable to be set aside-Held further, appearance of bias as seriously regarded by supervising Court as actual bias-Judge appearing to have or having a bias may have most excellent and upright motives and may not in fact allow his judicial discretion to be impaired in any way by such vitiating interest, Courts will, nevertheless, find breach of natural justice since justice should not only be done but should manifestly and undoubtedly be seem to be done.-[Maxim-Bias-Natural justice, principles of]. Dr. Bonham's case (1610) 8 Co. Rep. 107;Professor de Smith on Judicial Review of Administrative Action, 3rd Edn., pp. 215-218; Dickson v. Edwards and others (1910) 10 C L R 243 ; Frome United Breweries Co. v. Bath Justices 1926 A C 586 ; R. v. Sussex Justice, ex parte McCarthy (1924) 1 K B 256 ; R. v. Essex Justices (1927) 2 K B 475 ; Cooper v. Wilson (1937) 2 All E R 726 ; Brooks v. Earl of Rivers 1668 Hadres 503 ; Wood v. Commonalty of London (1701) 1 Salk 397 ; Regina v. Kent Police Authority and others Ex parte (1971) 2 Q B 662 ; The Queen v. Bholanath Sen I L R 2 Cal. 23 ; Girish Chunder Ghose and another v. Queen-Empress I L R 20 Cal. 857 ; Ghulatn Rasul v. Crown P L D 1951 F C 62 ; Anwar v. Crown P L D 1955 F C 185 ; Hafeezur Rehman v. Principal, Government College, Sylhet P L D 1967 Dacca 700; Kabir Ahmad v. Sub-Divisional Ofcer etc. P L D 1968 Dacca 49 ; Rahim Jan v. Institute of Chartered Accountants etc. P L D 1977 Lah. 1450 and Halsbury's Laws of England, Vol. 1, 4th Edn., p. 81 ref. JUDGMENT Muhammad Saleem petitioner, a Head Constable, was tried along with Ghulam Hussain, Foot…

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