Supreme Court of India · 1970-08-17
STATE OF MAHARASHTRA vs NASIMKHAN AHMAD KHAN MALI KHAN, ETC.
- Citation / case number
- SC 1967/244
- Court
- Supreme Court of India
- Petitioner
- STATE OF MAHARASHTRA
- Respondent
- NASIMKHAN AHMAD KHAN MALI KHAN, ETC.
- Bench
- HEGDE, K.S.
Judgment text excerpt
The Supreme Court held that the application of Section 5(1)(a) of the Bombay Probation of Offenders Act, 1938, was erroneous in the case of respondents who caused grievous bodily harm during a strike. The Court emphasized that the character of the accused must be assessed in light of their actions on the day of the incident, and that the circumstances of the strike do not justify violent acts. The appeal was dismissed, reinforcing the principle that social injustices must be addressed through lawful means, not through violence.