Arulmani & Anr vs State Tr.Insp.Of Police

Supreme Court27 October 2009H.L. Dattu · Dalveer Bhandari

SCC(2015) 17 SCC 495

Ratio decidendi

The rule this decision rests on

A judicial order that advances a matter for hearing before the date to which it had been adjourned at the request of the parties, without notice to the appellant or his counsel, violates the principles of natural justice and is vitiated by procedural unfairness, and such an order must be set aside and the matter remitted for rehearing on proper notice.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

IN THE SUPREME COURT OF INDIACRIMINAL APPELLATE JURISDICTIONCRIMINAL APPEAL NO. 1957 OF 2009(Arising out of SLP(Crl.) No. 7951/2008ARULMANI AND ANR. APPELLANT(S):VERSUS:STATE THROUGH INSPECTOR OF POLICE RESPONDENT(S)WITHCRIMINAL APPEAL NO. 1958 OF 2009(Arising out of SLP(Crl.) No. 3275/2009)SASIRKAUMAR APPELLANT(S):VERSUS:STATE THROUGH INSPECTOR OF POLICE RESPONDENT(S)

O R D E R

Leave granted.

These cases were transferred from the High Court of Madras to the Madurai Bench of the Madras High Court.

Learned senior counsel appearing on behalf of Appellants has drawn our attention to Annexure P-3 at Page 130 of the SLP Paper Book in which it is mentioned that at the request of the parties, the matter was adjourned to 26.3.2008. It is submitted by the learned counsel for the appellant that though the hearing of the case was adjourned to 26.3.2008, but the matter was somehow finally heard on 17.3.2008 and the Madurai Bench of the Madras High Court passed the impugned order on 18.3.2008.

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Learned counsel for the appellant submits that the hearing of the case was preponed without notice to the appellant or his counsel. There is no satisfactory reply to this frontal allegation by the respondent(s).

In this view of the matter, in consonance with the principles of natural justice, we are constrained to set aside the order dated 18.3.2008 passed by the Madurai Bench of the Madras High Court, remit the matters to the Madurai Bench of the High Court and direct that the criminal appeals be listed for hearing after giving notice to the parties.

It is stated that the appellants are in jail for a long period. In this view of the matter, we request the Madurai Bench of the Madras High Court to dispose of the criminal appeals as expeditiously as possible.

These appeals are accordingly disposed of.

.....................J

(DALVEER BHANDARI)

.....................J

(H.L. DATTU)

New Delhi;

October 27, 2009.

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