Nemo Debet Esse Judex in Propria Sua Causa

Provision of S.403, Cr.P.C. is based on the Latin maxim Nemo debet bis vexari pro una et eadem causa (no person should be twice disturbed for the same cause) which has led to the development of two common law principles of equity, namely, autre fois acquit (acquitted formally) and autre fois convict (convicted formally).

Nemo Debet Esse Judex in Propria Sua Causa Nemo debet esse judex in propria sue cause" and "nemo sibi esse judex vel suis jus decere debet"

Connotation

It is fundamental principle in the administration of justice in the civilized world that a person cannot be a judge in a cause wherein he is interested.

Connotation.

"Nemo debet esse judex in propria sua causa" (No man to be his own judge and litigant)??Where the judge has interest in the result of a cause, he cannot sit in judgment upon it??Where a person was an interested party, being an applicant for the allotment of land, his association in the allotment committee and participation in decision making, disqualified him to be member/Chairman of that Committee for the purpose of deciding his own application??Such person thus cannot be permitted to take advantage of allotment made in his favour by Allotment Committee in which he participated.

Maxim- Nemo debet esse judex in propria causa (no one can be a Judge it; his own cause) Doctrine of bias-Important principle of natural justice

Maxim" Justice should not only be done but manifestly seem to be done "Maxims apply do judicial or quasi judicial tribunals as well as administrative authorities performing quasi judicial functions but not functions "purely administrative or procedural in character" Natural justice

Principles apply unless otherwise provided by a statute.

(e) Maxim: Nemo debet esse judex in propria causa (No one shall be a judge in his own cause)-Applies with full force to departmental inquiries where orders have to be passed to disadvantage of functionaries of State.

S. 3 (5) (al [as amended by West Pakistan Maintenance of Public Order (Amendment) Ordinance (XLVII of 1962)],-Officer (Home Secretary) dealing with case of detention on behalf of Government-Cannot be member of Board-Maxim: Nemo debet esse judex in propria causa (no one can be a judge in his own cause).