A. M. BADAR, J.:–This Death Reference u/s. 366 Cr.P.C. and the connected appeal of the convict reminds this Court the following oft-quoted observation of Lord Hewart made while quashing the conviction nearly 100 years ago:—

“It is not merely of some importance but it is of fundamental importance that the justice should not only be done but should manifestly and undoubtedly be seem to be done.”

Lord Hewart went on to observe that what was important was not what was actually done but what might appear to have been done and said:—

“Nothing is to be done which creates even a suspicion that there has been an improper interference with the course of justice.”

This dictum ‘Justice should manifestly and undoubtedly be seen to be done’ can be satisfied by observance of rule of ‘audi alteram partem’ and the opportunity of being heard contemplated in this rule of principle of natural justice has to be real, reasonable and effective. The same should not be for name sake – a paper opportunity particularly when the life and liberty of an accused is at the stake. This principle is a ‘sine qua non’ of every civilized society. Corollary deduced from this rule is “qui aliquid statuerit, parte inaudita a