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    <title>2013 (10) TMI 1521 - Supreme Court</title>
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    <description>Rule 180 of the Army Rules requires a fair opportunity for an affected person to participate in a Court of Inquiry and to cross-examine relevant witnesses, but it does not require the Presiding Officer or inquiry members themselves to be produced as witnesses. Where those members had earlier analysed, drawn inferences from, or expressed views on the very material later in issue, a reasonable apprehension of bias arose and their continued participation was legally unsustainable. The order setting aside the additional Court of Inquiry was therefore substantially upheld, and the appeal failed.</description>
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      <description>Rule 180 of the Army Rules requires a fair opportunity for an affected person to participate in a Court of Inquiry and to cross-examine relevant witnesses, but it does not require the Presiding Officer or inquiry members themselves to be produced as witnesses. Where those members had earlier analysed, drawn inferences from, or expressed views on the very material later in issue, a reasonable apprehension of bias arose and their continued participation was legally unsustainable. The order setting aside the additional Court of Inquiry was therefore substantially upheld, and the appeal failed.</description>
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      <pubDate>Fri, 18 Oct 2013 00:00:00 +0530</pubDate>
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