Lord Denning in KANDA V GOVERNMENT OF MALAYA [1962] AC 322, stated thus: “If the right to be heard is to be real right which is worth anything, it must carry with it a right of the accused man to know the case which is made against him. He must know what evidence has been given and what statement had been made affecting him, and then must be given an opportunity to correct or contradict them. This appears in all the cases from the celebrated judgments of Lord Loreburn, L.G in The Board of Education v Rice down to the decision of their Lordships’ Board in Ceylon University v Fernando. It follows therefore that the judge or whoever has to adjudicate must not hear evidence or receive representation from one side behind the back of the other. The Court will not inquire whether the evidence did work his prejudice. The risk of it is enough. No one who has lost a case will believe he has been fairly treated if the other side has had access to the judge without his knowing.”
IMPROPERLY CONSTITUTED PANEL AFFECTS FAIR HEARING
The composition of the Disciplinary Committee is intrinsic to the fulfilment of the requirements of Section 36 of the Constitution that guarantees fair hearing to the accused. Where the panel is constituted in such a way that it affects a person’s right to fair hearing, whatever decision is reached by such a panel will result...