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january 2009

Supreme Court of India · 2009-01-27

A.U. Kureshi vs High Court Of Gujarat & Anr

Citation / case number
AIR 2009 SC (SUPP) 257
Court
Supreme Court of India
Petitioner
A.U. Kureshi
Respondent
High Court Of Gujarat & Anr
Bench
P. Sathasivam, K.G. Balakrishnan

Judgment text excerpt

The Supreme Court held that the principle of natural justice prohibits a judge from hearing a case in which they have previously participated in a non-judicial capacity, as it creates an apprehension of bias. The Court found that a member of the Disciplinary Committee, which recommended the appellant's dismissal, should not have later adjudicated the appeal against that dismissal. Consequently, the Court set aside the High Court's order and directed that the matter be heard by a different bench, emphasizing the importance of impartiality in judicial proceedings.

A.U. Kureshi vs High Court Of Gujarat & Anr · Niyam