https://www.taxtmi.com/caselaws?id=283017 A criminal case may be transferred where the complainant's apprehension of bias is objectively reasonable, even without proof of actual bias. The Court held that earlier adverse observations in a discharge order could sustain a reasonable fear of unfairness despite the High Court setting that order aside and directing fresh consideration. The safeguard of reconsideration was found insufficient because the real test was the appearance of justice, not actual prejudice. Applying the principle that justice must also appear to be done, the transfer application was allowed and the refusal to transfer was set aside. en-us Wed, 04 Feb 2015 00:00:00 +0530 Tue, 03 Sep 2019 17:50:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=283017 A criminal case may be transferred where the complainant's apprehension of bias is objectively reasonable, even without proof of actual bias. The Court held that earlier adverse observations in a discharge order could sustain a reasonable fear of unfairness despite the High Court setting that order aside and directing fresh consideration. The safeguard of reconsideration was found insufficient because the real test was the appearance of justice, not actual prejudice. Applying the principle that justice must also appear to be done, the transfer application was allowed and the refusal to transfer was set aside. Case-Laws Indian Laws Wed, 04 Feb 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=283017