NAWABKHAN ABBASKHAN vs THE STATE OF GUJARAT

The Supreme Court held that an externment order issued in violation of the audi alteram partem rule is a nullity and thus void ab initio, infringing upon the fundamental right guaranteed under Article 19 of the Constitution. The Court clarified that any order made without hearing the affected party is ineffectual from the outset, and therefore, the accused could not be guilty of violating an order that never legally existed. The appeal was allowed, and the High Court's conviction was set aside.