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Bias in prosecutor

Bias in prosecutor legal meaning, translation and judicial precedents.

Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)

2013 SCMR 161 SUPREME-COURT Judicial Precedent
Prosecutor, impartiality ofSignificanceBias in prosecutorEffectJob of the prosecutor was so important that it could not be allowed to be tinged or tainted with biasEven a speck of bias on part of the prosecutor could vitiate and work havoc in the whole process

When prosecutor was biased in favour of the Court, fair trial would be reduced to an impossibility, and where he was biased in favour of the defendant, dignity of the court would be effected.

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Precedents & Case Laws citing "Bias in prosecutor"

SCMR 2013
Criminal Original Petitions Nos. 48 to 52 of 2012 and Criminal M.As. Nos.419 and 370 of 2012 in Criminal Original Petitions Nos. 48 and 49 of 2012, decided on 20th September, 2012.

2013 S C M R 161

Ch. MUHAMMAD ASHRAF GUJJAR and others — Petitioners Versus Malik RIAZ HUSSAIN and others — Respondents

Court: Supreme Court of Pakistan
SCMR 2016
Decided on 9th June, 2016.

2016 S C M R 1561

TERRANCE WILLIAMS — Petitioner Versus PENNSYLVANIA — Respondent

Court: Supreme Court of United States
PLD 1951
Criminal Revision No. 29 of 1950, decided on 30th October 1950, from the order of Session Judge, dated 20th July 1950.

P

KAMAL KHAN‑Accused‑Petitioner Versus CROWN‑Complainant‑Respondent

Court: Case transferred.
PCRLJ 1981
Criminal Transfer Application No. 16 of 1980, decided on 29thJanuary, 1981.

1981 P Cr

ABDUL HAKIM KHAN-Applicant Versus THE STATE AND ANOTHER-Respondents

Court: Karachi
PLD 2024
the basis of evidential record and material produced by the parties, whereas in order to avert delayed justice expeditious trial was the requirement of law---Petitioner had also filed another application for transfer of another case lodged by a separate complainant wherein grounds for transfer were almost identical which showed the intention of petitioner to overawe the Judicial Officer---On one hand, Judicial Officers were expected to be fair and impartial and on the other hand, it could not be allowed that they might be subjected to undue harassment by way of moving baseless applications seeking transfer of the cases---Outlined grounds in the petition for seeking transfer of the case mainly roamed around the apprehension of unfair treatment due to expected biasness; therefore, it was essential to see the legal value of apprehension in such situation and the concept of biasness---Mere apprehension in the mind of a party about injustice at the hands of Presiding Officer was no ground for transfer of a case---Petitioner had not pointed out any material through which it could be inferred that Magistrate was personally interested in the case or was biased towards the petitioner in any manner---Allegation of bribery was also not made expressly nor advocated vigorously; so much so, it was conceded that trial was at initial stage, therefore, merely on the basis that Magistrate was the caste fellow of counsel for the complainant and was conducting trial expeditiously, alleged biasness could not be anticipated at such stage of the proceedings---Petition was dismissed accordingly

P L D 2024 Lahore 684

MEHMOOD — Petitioner Versus The STATE and others — Respondents

Court: High Court
YLR 2015
Criminal Miscellaneous. No.442-B of 2014, decided on 5th August, 2014.

2015 Y L R 877

MUHAMMAD SHAFIQUE BUTT and another — Petitioners Versus The STATE and others — Respondents

Court: Islamabad
PLD 2001
Criminal Appeal No. 102, of 1999 with Criminal Miscellaneous Applications Nos. 123, 124, 137 of 1999, Criminal Miscellaneous Applications Nos.58, 64, 70 of 2001 and Criminal Application No. 127 of 1999 with Cr1.M.A. Nil of 1999, Crl. M.A Nil of 1999, Cr1.M.A. Nos.49, 50, 59, 68, 69 of 2001, Crl. P. No.75 of 1999, C.P. No.619‑K of 1998, C.P. No.623‑K of 1998, decided on 6th April, 2001.

P L D 2001 Supreme Court 568

ASIF ALI ZARDARI and another‑‑‑Appellants Versus THE STATE‑‑‑Respondent

Court:
PLD 1955
Criminal Appeal No. 50 of 1953, decided 'on 1st March, 1955

P L D 1955 Federal Court 185

ANWAR and another‑Appellants Versus THE CROWN‑Respondent

Court: (a) Bias in Judge‑Whether or when vitiates judgment High Court's direction for re‑trial of acquitted person containing findings of fact on evidence‑Bias‑Whether judgment after re‑trial a nullity irrespective of the consideration that it is right on merits‑Proof of Bias‑Criminal Procedure Code (V of 1898), S. 556‑Rule . laid down in Khairdi Khan v. Crown (P L D 1953 F C 223) incorrect and no longer part of law of Pakistan. .
MLD 1990
Suit No. 239 and civil Miscellaneous No. 1166of 1990, decided on 12th April, 1990.

1990 M L D 1708

Dr. ABU BAKER MUMAL‑‑Plaintiff Versus KARACHI GYMKAHANA CLUB through (President)

Court: Karachi
MLD 2015
2013-April-8

2015 M L D 1593

BILAL HUSSAIN — Applicant Versus 2ND ADDITIONAL SESSIONS JUDGE, HYDERABAD and 2 others — Respondents

Court: Sindh