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.