Bias

  1. Charges against the respondent have been basically originated as a result of litigation between the Department and the father of the respondent regarding a piece of land – An apprehension of bias by the respondent cannot be regarded to be unreasonable are baseless. Fresh inquiry – Impartial person necessary. Khawaja Ahmad Din v. Mohammad Shabir Khan 1994 SCR 142 (C)
  2. There is litigation between the father of the respondent in which he himself is involved — Does not render every officer of the department as ‘personally interested in the result of inquiry’.  Khawaja Ahmad Din v. Mohammad Shabir Khan 1994 SCR 142 (E)
  3. Definition and meaning.M. Younas Tahir v. ShaukatAziz, Adv., Muzf”abad 2012 SCR 213 (T) 
  4. —in a judge—interpretation of—Held: Biasalone cannot debar a Judge from sitting in the proceedings—the rule of disqualification must yield to the demands of necessity and a judge or an officer exercising judicial functions may act in a proceeding wherein he is disqualified even by interest, relationship or the like, if his jurisdiction is exclusive and there is no legal provision for calling in a substitute, so that his refusal to act would destroy the only tribunal in which relief could be had and thus prevent a termination of the proceedings—–Bias or prejudice on the part of a Judge generally does not incapacitate or disqualify him to try a case unless the Constitution or statute so provides. The President of AJ&K v. Muhammad Riaz Akhter Choudhary Chief Justice AJ&K 2017 SCR 759 (A)             
  5. PLD 1971 SC 585, PLD 1989 SC 689, PLD 1978 SC 125, PLJ 1998 SC (AJ&K) 327 & PLD 1998 SC 161 ref.         
  6. —It is celebrated rule of justice that nobody can be a judge in his own cause. The President of AJ&K v. Muhammad Riaz Akhter Choudhary Chief Justice AJ&K 2017 SCR 759 (I)
  7. —Judges are under oath to perform their duties in accordance with the Constitution and Law but when in the mind of a litigant there is a reasonable apprehension that he would not get a fair trial, then a Judge must disassociate himself—such apprehension does not require any certainty rather it should be reasonable— Justice (R) Ch. Muhammad Ibrahim Zia v. Irfan Javed Abbasi 13 others 2020 SCR 608 (A)
  8.  —the test as to whether any particular act might have caused ‘bias’ in the mind of the concerned official is whether a man of ordinary prudence would have a reasonable cause to entertain the belief that the officer concerned might not act impartially and fairly in his case— Justice (R) Ch. Muhammad Ibrahim Zia v. Irfan Javed Abbasi 13 others 2020 SCR 608 (B) 1989 CLC 905 rel
  9.  —in order to test the ‘bias’ the Court does not look at the mind of Judge rather it looks at the impression which would be conveyed to other people— Justice (R) Ch. Muhammad Ibrahim Zia v. Irfan Javed Abbasi 13 others 2020 SCR 608 (C)
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