ABRAHAM AMALANATHAN Vs. DEPUTY INSPECTOR GENERAL OF POLICE

JUDGEMENT

(1.) "Prejudice is the spider of the mind. It is the womb of injustice". - ROBERT INGERSOLL.

(2.) LORD DENNING observed - "The reason is plain enough. Justice must be rooted in confidence: and confidence is destroyed when right-minded people go away thinking 'the Judge was biased'. Injustice emanating from prejudice is graphically described by the great Tamil Poet "Saint Elango" in what is considered to be one of the greatest work in Tamil Literature "Silapathikaram" (Jeweled Anklet). The Noble and just Pandiya King to whom the justice through rule of law was much more dearer than his own life and kingdom, was made to commit an error of judgment. The sole reason was that, he acted as a Judge, himself being an aggrieved party." Principles of Natural Justice:

(3.) TO put it differently, prejudice is inherent when a basic principle of natural justice is to be mandatorily followed and in such a case there is no necessity to demonstrate such an act. From the said principles, it is clear that a duty is enjoined and imposed on the authority or the Court, as the case may be to adjudicate and decide whenever an issue of a breach of natural justice, which would render the procedure void, comes up for consideration. In a case where the very initiation of a proceeding by itself would amount to a serious violation of principles of natural justice rendering the final decision void, then it is not necessary for an authority or a Court to continue the illegality instead of striking it out at the very initial stage itself. This is for the reason that a void proceeding shall not be allowed to continue and an appeal filed against such an order cannot cure the fundamental breach committed by the original authority. Therefore, when the initiation itself becomes void, it cannot be said that the same is curable by a fair appeal as the illegality goes to the root. Similarly, the doctrine of necessity has a limited application being a very weak defence especially when there are other modes available but not explored.