— Distinction between bias and conflict of interest — Scope — Conflict of interest and bias are indeed two distinct grounds on which a party may seek the recusal of a Judge from hearing a case — Whilst conflict of interest is related to the Judge’s interest in the subject matter of a particular case, bias is concerned with his state of mind and his feelings towards the parties appearing before him. [2023 SCLR 57 = 2023 SCMR 2028 = 2023 SCP 275]

— Bias in a judge — Conflict of interest — Scope — A conflict of interest is related to the subject matter of the litigation — This means that the Judge, whose recusal is being sought, must have a direct pecuniary, proprietary or personal interest in the litigation. [2023 SCLR 57 = 2023 SCMR 2028 = 2023 SCP 275]

— Bias in a judge — Scope — The words “bias” and “prejudice”, as used in connection with the disqualification of a judge, refer to the mental attitude or disposition of the judge toward a party to the litigation and not to any views that he might entertain regarding the subject matter involved — Bias and prejudice mean a hostile feeling or spirit of ill will against one of the litigants, or undue friendship or favoritism toward one — This requires antagonism or animosity toward the affiant or his counsel or favoritism towards the adverse party or his counsel. [2023 SCLR 57 = 2023 SCMR 2028 = 2023 SCP 275]

— Bias in a judge — Scope — Ordinarily, the interest of a judge, in order that he may be disqualified, must be in the subject matter of the litigation, and not merely in a legal question involved. [2023 SCLR 57 = 2023 SCMR 2028 = 2023 SCP 275]

— Bias in a judge — Scope — The interest in the subject matter of the litigation which disqualifies a judge is a direct pecuniary or property interest, or one which involves some individual right or privilege, whereby a liability or pecuniary gain must occur on the outcome of the suit — The interest that disqualifies a judge is a personal interest. [2023 SCLR 57 = 2023 SCMR 2028 = 2023 SCP 275]

— Bias in a judge — Scope — A judge is disqualified to sit in an action where he has any pecuniary interest in its result, or owns property that will be affected by its outcome — A disqualifying pecuniary or property interest is an interest in the event or subject matter of the action or in the judgment to be rendered therein such that by the judgment the judge will be directly affected by a pecuniary gain or loss. [2023 SCLR 57 = 2023 SCMR 2028 = 2023 SCP 275]

— Bias in a judge — Scope — According to some of the cases, the interest which will disqualify a judge must be pecuniary in its nature, or must be a pecuniary or property interest in the action or its result — But other courts have held that the interest need not necessarily be a pecuniary one, but that it may be a personal one to the judge. [2023 SCLR 57 = 2023 SCMR 2028 = 2023 SCP 275]

— Bias in a judge — Scope — The words “bias” and “prejudice” refer to the mental attitude or disposition of the judge toward a party to the litigation, and not to any views that he may entertain regarding the subject matter involved — Bias and prejudice mean a hostile feeling or spirit of ill will against one of the litigants or undue friendship or favoritism toward one. [2023 SCLR 57 = 2023 SCMR 2028 = 2023 SCP 275]

— Bias in a judge — Conflict of interest — Scope — For an interest to attract the disqualification of a Judge from a case, the same needs to be direct and certain. [2023 SCLR 57 = 2023 SCMR 2028 = 2023 SCP 275]

— Bias in a judge — Conflict of interest — Scope — To work a disqualification of a judge, the interest must be a direct, certain, and immediate interest and not one which is indirect, contingent, incidental, or remote. [2023 SCLR 57 = 2023 SCMR 2028 = 2023 SCP 275]

— Bias in a judge — Conflict of interest — Scope — Although it has been broadly stated that a judge should not sit in any case in which he is directly or indirectly interested, to disqualify a judge, his interest in the subject matter of the litigation, must be direct, real, and certain, and not one which is merely incidental, remote, contingent, or possible, speculative, unreal, or merely theoretical. [2023 SCLR 57 = 2023 SCMR 2028 = 2023 SCP 275]

— Bias in a judge — Scope — Even when a Judge suffers from a valid disqualification, the rule of necessity permits him to sit on the Bench if his jurisdiction is exclusive or if no substitute is provided by the law in his place. [2023 SCLR 57 = 2023 SCMR 2028 = 2023 SCP 275]

— Bias in a judge — Conflict of interest — Scope — Pakistani jurisprudence also leaves it to the discretion of the Judge to decide whether he will be able to perform his legal duty of administering justice in a particular case where either conflict of interest or bias (or both) is alleged against him. [2023 SCLR 57 = 2023 SCMR 2028 = 2023 SCP 275]