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Being the member of a political party is not a sin and it is wrong not proper to presume that a judge could be biased due to his past links to a political party, the Madras High Court has said.
Justice P N Prakash of the Madurai bench of the court made this observation while dismissing a DMK activist's plea of a possible bias raised against an additional district and sessions judge, who was once an MDMK member.
Justice Prakash dismissed the petition by Otchabalu of DMK who had sought the transfer of a criminal case against him pending before the ADJS here.
"In a democratic country, political parties are essential components and being a member of a political party is not a sin," Justice Prakash said in his order.
He said the judge had contested elections in 2011 in Tirunelveli when he was an MDMK member. Later, he cleared judicial service examination and was selected for the post in 2013. Police verification report had been obtained before he was posted as a judge.
Just because he was member of a political party earlier, it cannot mean that he would be biased against those belonging to other political parties, the high court judge said.
The petitioner simply presumed that the judge was biased against him on the ground that he was once a member of a rival party.
Justice Prakash expressed hope that the judge would continue to try the case against the petitioner, facing IPC charges of criminal breach of trust and also SC/ST Prevention of Atrocities Act, without being influenced by the allegations made against him.
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