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august 1970

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.

STATE OF MAHARASHTRA vs NASIMKHAN AHMAD KHAN MALI KHAN, ETC. · Niyam