Q. 6 The official is exercising discretionary power. As a representative of an agency, the official has the discretion to decide which cases would progress to the prosecution stage and which ones will not. However, in exercise of this power, the official must be guided by certain rules and precedents and for him to recommend that the brother-in-law’s case do proceed to trial then the case must meet the required threshold. The fact that in the ordinary sense the case would not have proceeded to trial means that the official is biased towards the brother-in-law for the reason ...
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