Case Note & Summary
The case involved two criminal appeals transferred from the High Court of Madras to the Madurai Bench. The appellants, Arulmani and Sasirkumar, challenged the order passed by the Madurai Bench on 18.3.2008, arguing that the hearing was preponed from the scheduled date of 26.3.2008 without notice to them or their counsel. The Supreme Court noted the lack of satisfactory response from the respondents regarding this allegation. In light of the principles of natural justice, the Court found it necessary to set aside the impugned order and remitted the matters back to the Madurai Bench for a fresh hearing, ensuring that notice is given to all parties involved. The Court also requested the High Court to expedite the disposal of the appeals, considering that the appellants had been in jail for a prolonged period. The appeals were disposed of accordingly.
Headnote
A) Criminal Procedure - Natural Justice - Violation of Principles - Not applicable - The hearing was preponed without notice to the appellants or their counsel, leading to a breach of natural justice. The Supreme Court set aside the order of the Madurai Bench of the Madras High Court and directed that the appeals be heard after giving notice to the parties, emphasizing the need for procedural fairness (Paras Not mentioned).
Issue of Consideration
Whether the hearing of the case was conducted in violation of the principles of natural justice.
Final Decision
The Supreme Court set aside the order dated 18.3.2008 passed by the Madurai Bench of the Madras High Court and remitted the matters for a fresh hearing after giving notice to the parties, requesting expedited disposal due to the appellants' prolonged incarceration.
Law Points
- Natural justice
- adjournment
- notice requirement
- procedural fairness
