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.