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january 2009

Supreme Court of India · 2009-01-27

A.U. KURESHI vs HIGH COURT OF GUJARAT

Citation / case number
SC 2007/1096
Court
Supreme Court of India
Petitioner
A.U. KURESHI
Respondent
HIGH COURT OF GUJARAT
Author
K.G. BALAKRISHNAN,P. SATHASIVAM, , ,
Bench
K.G. BALAKRISHNAN,P. SATHASIVAM, , ,

Judgment text excerpt

The Supreme Court held that a member of the Disciplinary Committee should not have participated in the judicial review of the dismissal order they recommended, as it violates the principle of natural justice, specifically the maxim 'nemo debet esse judex in propria sua causa'. The Court emphasized that the apprehension of bias arises when a judge adjudicates a matter they have previously dealt with in a non-judicial capacity. Consequently, the dismissal order was set aside, reinforcing the importance of impartiality in judicial proceedings.

A.U. KURESHI vs HIGH COURT OF GUJARAT · Niyam