Lord Chief Justice Hewart famously said in 1923: "Not only must Justice be done; it must also be seen to be done." The context was the case, R v Sussex Justices, ex parte McCarthy ([1924] 1 KB 256, [1923] All ER Rep 233, a motor cyclist was prosecuted for dangerous driving. The Magistrates' court convicted him although the clerk of the court was a member of the solicitor's firm which represented against the defendant in a civil claim. Based on this, the motor cyclist sought for quashing the conviction. The matter was heard by Lord Chief Justice Hewart who overturned the conviction and said these famous words. This principle has been quoted in India numerous times in numerous decisions relating to bias.
We'd be surprised to notice that more than 2000 years back, Saint Thiruvallur wrote about bias. In Adhigaram 12 (Naduvu Nilaimai- Equity and Uprightness), Thiruvallur said:
சொற்கோட்டம் இல்லது செப்பம் ஒருதலையா
உட்கோட்டம் இன்மை பெறின். (119)
There are multiple ways this Kural has been translated. As is expected with a work of this vintage, multiple commentators have interpreted the Kural in various ways. One of which is given here: "Justice is seen to be done when the judge is upright in words and deeds." [J. Narayanasamy]
The meaning of the Kural is that it is not only enough if the words of the judgement are smooth but it should come from the judge who is endowed with integrity and uprightness. Here, "உட்கோட்டம் இன்மை" means "மனதில் குற்றம் இல்லாமல் இருக்கும் தன்மை", that is, the state where the judge's mind free of bias. The Kural roughly means the following: The judgement free from textual error is desirable only if it is written or spoken with a bias free mind.
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