The petitioners, arrayed as A1 to A4, A6 to A9 and A11, seek to quash the complaint in C.C.No.198 of 2009 on the file of the Learned Judicial Magistrate No.1, Nagercoil, filed by the Respondent.

2. Heard the learned counsel for the petitioners, learned counsel for the respondent and the learned Amicus Curiae.

Bias:

3. Bias is a condition or a state of mind which impairs the concept of impartiality in a decision making process. It might arise in an administrative, executive, quasi judicial or judicial decision making. Such a bias occurs due to pre-determination or pre-disposition leading to a decision moving in one direction, sans impartiality. Thus bias strikes at the very basis of a decision, which is supposed to be fair.

4. As bias emanates from the mind of a person, proof of it is at times very difficult. Therefore, a litigant has been given the lesser burden of establishing before the Court that there exists a real likelihood of bias or reasonable suspicion of it. The test is not existence of the bias as an authority may act in good faith, but such an action is liable to be questioned on the ground of real likelihood of bias or reasonable suspicion of it. This is for the reason that a mind may honestly think and act keeping fairness in mind, but such a decision which flows from it might lead to an element of bias unconsciously.

5. Bias is synonymous with prejudice. Robert Ingersoll defined prejudice in the following manner:

“Prejudice is the spider of the mind. It is the womb of injustice.”

When an apparent bias transforms itself into a womb of injustice then, it has to be struck down by the Courts.

6. Bias can be divided into three parts. They are:

(i) Pecuniary Bias

(ii) Personal Bias and

(iii) Official Bias.

7. We are primarily concerned with personal and official bias. Bias may also occur by a combination of these two. When an authority, plays a role being predominant in nature, cannot thereafter take a different role leading to a positive or potential conflict with the earlier one. This mixture of two roles would create either likelihood of bias or reasonable apprehension of bias. The source of the potential bias has to be a personal interest for it to be potentially objectionable in law.

8. The Courts have evolved the principles governing bias i.e., real likelihood of bias test and reasonable suspicion test. For the real likelihood of bias test, the paramount consideration is from the point of view of a fair minded informed observer. Insofar as the reasonable suspicion test is concerned, the test is from the point of view of a reasonable common mind. Though the Courts have evolved these two principles, in effect there is little difference between the two. A fair minded man also has to be reasonable and vice versa. What is reasonable is a quality that has to be attributed to a fair minded informed person. Similarly, a reasonable member of the public has to exhibit fairness. After all the principles governing natural justice are ingrained in the conscious of a man, thus the words “reasonable man” and a “fair minded man” are interchangeable to be applied to the facts of a particular case by the Court while testing a possible existence of a bias. The concept of informed observer is one which is developed by the Courts. It is not as if a reasonable member of the public is neither complacent nor unduly sensitive or suspicious as held by Kirby J in Johnson v. Johnson (2000) 200 CLR 488, 509 . A reasonable man is not a rustic, but reasonably informed. The word “well informed” has to be seen in the context of worldly knowledge which a reasonable man is also expected to possess. To put it differently, a high degree of intellect is not required. Ultimately it is for the Court to decide whether there exists a likelihood or reasonable apprehension of bias warranting interference. The background of bias has to be very reasonable suspicion of bias or a real likelihood of bias. In fact these two concepts are prefix to bias. The Courts are