What does Nemo Debet Esse Judex In Sua Propria Causa mean?
The term Nemo Debet Esse Judex In Sua Propria Causa originated from Latin in its literal sense means, no one can be the judge of his or her own case.
It further means, the authority giving a decision in a case under question must be comprised of impartial persons and should deliver fair judgements without any bias and prejudice.
The maxim refers to the fact that no one will act as a judge in his or her own case.
This rule explains, every person has the right to get a fair and impartial hearing and no person shall be condemned by the authorities without being heard on the case under question.
This rule aims to ensure public confidence of the judicial process to be fair and impartial.
Illustration –
-Tom filed a case against Sam and their case is heard before judge George. Despite many arguments and most pieces of evidence being in the favour of Sam, Judge George yet passed the judgement in the favour of Tom and later it was discovered that Judge George was an acquaintance of Tom. Therefore, it can be held that the decision of Judge George was not fair and was biased.
-If and when there are circumstantial evidence and corroborating facts that give a fair conclusion or hints towards the decision delivered in a case to be biased for the fact that the decision-maker is an acquaintance or a friend of the party in whose favour he/she delivered the judgement, an investigation towards the same can be initiated to establish the facts.
