Test of disqualification due to apparent bias - Indian Laws - General

Test of disqualification due to apparent bias In Halsbury s Laws of England [Vol. 29(2) 4th Edn. Reissue 2002, para 560 page 379], the test of disqualification due to apparent bias has been elucidated in the following words: 560. Test of disqualification by apparent bias. The test applicable in all cases of apparent bias, whether concerned with justices, members of inferior tribunals, jurors or with arbitrators, is whether, having regard to the relevant circumstances, there is a real possibility of bias on the part of the relevant member of the tribunal in question, in the sense that he might unfairly regard with favour, or disfavour, the case of a party to the issue under consideration by him. In considering this question all the circumstances which have a bearing on the suggestion that the judge or justice is biased must be considered. The question is whether a fair minded and informed observer, having considered the facts, would conclude that there was a real possibility that the tribunal was biased. Cases may occur where all the justices may be affected by an appearance of bias, as, for instance, where a fellow justice or the justices clerk is charged with an offence; where this occurs, it has been recommended that justices from another petty- sessional division should deal with the case , or, if the offence is indictable, that it should be committed for trial by a jury. It is because the court in the majority of cases does not inquire whether actual bias exists that the maxim that justice must not only be done but be seen to be done is applied, and the court gives effect to the maxim by examining all the material available and concluding whether there is a real possibility of bias......... JUSTICE P.D. DINAKARAN VERSUS HON BLE JUDGES INQUIRY COMMITTEE AND OTHERS- 2011 (7) TMI 1358 - SUPREME COURT