AIR 1974 SUPREME COURT 1471 ::(1974) 2 SCC 121 ::1974 SCC(Cri) 467 ::1974 3 SCR 427 ::1974 SCD 265

Supreme Court Of India

(From : Gujarat)

Hon'ble Judge(s): V. R. Krishna Iyer, R. S. Sarkaria , JJ

Index Note :- Bombay Police Act (22 of 1951) , S.56, S.59, S.142— Externment order under Section 56 against accused - Opportunity to tender explanation under Section 59 not given - Disobedience of order and prosecution under Section 142 - Order quashed in writ proceedings during trial - Effect of - Externment order if rendered void ab initio. X-Ref.:- Constitution of India , Art.19, Art.226— Natural justice.Maxims - Audi Alteram Partem. Brief Note :- (A) An order which is void may be directly and collaterally challenged in legal proceedings. An order is null and void if the statute clothing the administrative tribunal with power conditions it with the obligation to hear, expressly or by implication. Beyond doubt, an order which infringes a fundamental freedom passed in violation of the audi alteram parterm rule is a nullity. When a competent court holds such official act or order invalid, or sets aside, it operates from nativity, i.e. the impugned act or order was never valid. Case law Referred to.(Para 20) @page-SC1472 On contravention of the externment order passed under Section 56 the accused was prosecuted under Section 142 but was acquitted by the trial Court. The State appealed with success, for the High Court held that the accused had re-entered the forbidden area during the currency of the ....