Case Details

Citation(s)
2003 SLG 122 2003 SLD 122 2003 SCMR 104
Supreme Court of Pakistan
Civil Petitions for Leave to Appeal Nos.270-P to 272-P of 2002, decision dated: 18-07-2002
MIAN MUHAMMAD AJMAL, TANVIR AHMED KHAN AND SARDAR MUHAMMAD RAZA KHAN, JJ
Sardar Shaukat Hayat, Additional Advocate General, N.W.F.P. for Petitioners. Sardar Khan, Advocate Supreme Court with Fateh Muhammad Khan, Advocate-on-Record for
Respondents

GOVERNMENT OF N.W.F.P through Chief Secretary and another

VS

Dr. HUSSAIN AHMAD HAROON and others

Law:

Section:

(a) Administration of justice--- ----Justice should not only be done, but manifestly and undoubtedly should be seen to have been done ---Guidelines to achieve such objective/goal---No person should be a judge in his own cause (nemo debet esse judex in causa propria sua)---Applicable to Courts, Tribunals and Authorities having jurisdiction to determine judicially rights of parties---Principles. It is an age-old fundamental principle of law that justice should not only be done, but manifestly and undoubtedly should be seen to have been done. To achieve this objective/goal, it is of prime importance that a Judge/person equipped with the authority of decision should not be having any sort of personal interest in the outcome of the matter under issue before him. The conduct of proceedings should not generate any reasonable apprehension in the mind of a person that the Deciding Officer was by any manner prejudiced against him. (b) Bias--- ----Bias attributed to Judge/Member of Tribunal---Bias and pecuniary interest---Distinction---Assuming possibility, of bias in mind of Judge/Deciding Officer---Question of fact---To be decided independently in each case---Bias, determination of---Test. There is no doubt that any direct pecuniary interest, however, small in the subject of inquiry does disqualify a person from acting as a Judge in the matter. If he has any legal interest in the decision of the question in any way, he is disqualified no matter how small the interest may be. The least pecuniary interest in subject-matter of litigation will disqualify any person from acting as a Judge. A person, who has a judicial duty to perform, disqualifies himself from performing it, if he has a pecuniary interest in the decision, which he is about to give or a bias, which renders him otherwise than an impartial Judge. If he has a pecuniary interest in the success of the accusation, he must not be a judge. It is to be judged whether a reasonable person in the similar situation would assume the possibility of bias in the mind of deciding officer. It is always a question of fact to be decided independently in each case. Every member of a judicial proceedings must be able to act…
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