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march 2010

Supreme Court of India · 2010-03-25

Md.Shahabuddin vs State Of Bihar & Ors

Citation / case number
2010 AIR SCW 3211
Court
Supreme Court of India
Petitioner
Md.Shahabuddin
Respondent
State Of Bihar & Ors
Author
Dalveer Bhandari
Bench
Dalveer Bhandari, Mukundakam Sharma

Judgment text excerpt

The Supreme Court ruled that the High Court's administrative powers under Section 9(6) of the Code of Criminal Procedure, 1973, do not extend to transferring ongoing cases without hearing the affected parties, as this violates the principles of natural justice and the appellant's rights under Articles 14 and 21 of the Constitution. The Court held that the notifications issued by the Patna High Court and the State of Bihar to conduct trials inside the District Jail, Siwan, were void due to lack of jurisdiction and failure to comply with procedural safeguards. Consequently, the Court quashed the notifications and reinstated the original venue for the trials.

Md.Shahabuddin vs State Of Bihar & Ors · Niyam