NAWABKHAN ABBASKHAN versus THE STATE OF GUJARAT
An order made in violation of the audi alteram partem rule and which infringes a constitutionally guaranteed right is void ab initio and confers no legal obligation on the citizen. Hence, violation of such an order cannot constitute an offence, and acquittal must follow.
- Parties
- Appellant: Nawabkhan Abbaskhan; Respondent: State of Gujarat
- Jurisdiction
- India
- Judgment Date
- 19 February 1974
- Procedural Posture
- Criminal Appeal / Appeal Against Conviction by High Court
- Outcome
- Appeal allowed; acquittal ordered
- Legal Topics
- Natural Justice, Void and Voidable Orders, Externment, Article 19 – Fundamental Rights, Audi Alteram Partem
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Nawabkhan Abbaskhan
Appellant
State of Gujarat
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Conviction by High Court
Legal Issues
- 1 Whether the externment order, having been quashed by the High Court during the pendency of the criminal trial, was void ab initio and therefore no offence was committed by the appellant for its contravention
- 2 Effect of violation of natural justice (audi alteram partem) on statutory orders restraining fundamental rights
Ratio Decidendi
An order made in violation of the audi alteram partem rule and which infringes a constitutionally guaranteed right is void ab initio and confers no legal obligation on the citizen. Hence, violation of such an order cannot constitute an offence, and acquittal must follow.
Court Disposition
Appeal allowed; acquittal ordered
Orders
- Appellant acquitted of the charge under Section 142 of the Bombay Police Act, 1951.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment