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march 2010

Supreme Court of India · 2010-03-25

MD.SHAHABUDDIN vs STATE OF BIHAR .

Citation / case number
SC 2007/32587
Court
Supreme Court of India
Petitioner
MD.SHAHABUDDIN
Respondent
STATE OF BIHAR .
Author
Dalveer Bhandari

Judgment text excerpt

The Supreme Court held that the administrative powers of the High Court under Section 9(6) of the Code of Criminal Procedure, 1973, do not extend to transferring cases involving specific individuals without adhering to the principles of natural justice, specifically the audi alteram partem rule. The Court found that the notifications issued by the Patna High Court and the State of Bihar, which mandated the trial of cases against Md. Shahabuddin to be held in District Jail, Siwan, were void due to lack of jurisdiction and failure to hear the appellant. The Court emphasized that administrative powers should not infringe upon the fundamental rights guaranteed under Articles 14 and 21 of the Constitution.

MD.SHAHABUDDIN vs STATE OF BIHAR . · Niyam