454 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Essentials of clause 2. — Person may not himself be born naturalized or domiciled. But he may be the son of such a person. A person claiming the privileges of a European British Subject under clause 2 must prove
Legitimate descent and
Nationality of his father or grandfather.
6 M. H. C. R.,7
Turnbull
(III) Depends upon whether the accused will get justice at the hands of the Judge or magistrate. There is very little chance of justice being done if the judge or magistrate is himself the complainant. The principle of law is that in no case shall the prosecutor shall also be the judge. This principle is embodied in .........
Section 487
(1) Except as provided in Sections 480 and 485 no judge of a criminal court or magistrate, other than a Judge of a High Court, shall try any person for any offence referred to in Section 195, when such offence is committed before himself or in contempt of his authority or is brought under his notice (as such judge or magistrate) in the course of a judicial proceeding.
(2) Nothing in Section 476 or Section 482 shall prevent a magistrate empowered to commit to the Court of Session or High Court from himself committing any case to such Court.
N OTES . —
Section 195 deals with offences affecting the administration of justice.
The section says that such an offence if it has been committed before the judge or in contempt of his authority is brought under his notice shall not be tried by him.
Unless the case falls under Sections 480 and 485.
Contempt is any act done or writing published calculated to bring a court or a judge of the court into contempt or to lower his authority or to obstruct or interfere with the due course of justice or the lawful process of the court.
(Navianbeg. 10 B. H. C. R. 73)