Bias in Judge

No golden scale was available to weigh the bias of a judge, however, question was whether particular judge was possessing judicial conscious

Circumstances of case could speak volumes for the bias

Judge might have bias in the subject matter which meant that he was himself a party or had connection with the litigation

Pecuniary interest of judge was also kind of bias

Judge might have personal bias towards party.

Applicant and co-accused were present on bail and sought adjournment on the ground that their counsel was busy before the High Court

Possibility that the Judge might have developed bias against the applicant and co-accused could not be ruled out

Transfer application was allowed and case was transferred.

Contention of plaintiff was that he had lost faith in the Trial Court as court was extending lenient view in favour of defendant

Validity

Plaintiff wanted to linger on the matter and instead of producing evidence he had been filing different applications

No arbitrariness was found in exercise of discretion by the District Judge

District Judge was administrative head of lower judiciary and management and assignment of cases was his sole prerogative

Interference into his functions on flimsy grounds would shatter the confidence of lower judiciary

Revisional jurisdiction in favour of a litigant who had misused the process of law could not be exercised

Revision was dismissed in limine.

Judge could not be barred from hearing a case merely on the ground that a person to the litigation had worked as his subordinate.

Application for transfer of the case on the allegation of bias in the Judge of superior judiciary and request for reconstitution of the Bench

Maintainability

No concept of transfer application or reconstitution of the Bench existed before the superior judiciary

Principles.

Accused having right of a fair trial by a judicial minded person, not functioning under an influence which might paralyse his judicial faculties as to result in absence of a fair trial

Bias would vitiate judicial proceedings if such circumstances were created or brought about by the Judge as would rob him of the confidence that a litigant may have in the Judge

Principles.

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].