STATE OF BIHAR Vs. LAL KRISHNA ADVANI

JUDGEMENT

(1.) In this appeal, preferred by the State of Bihar, ultimately the question which falls for consideration is the effect of noncompliance of all time tested and ancient principle of natural justice. One cannot be condemned unheard is one of the attributes of the principles of natural justice, which operates even in absence of a written provision under the law. Though in the case in hand there is such a provision which, according to the appellant, was not necessary to be complied with, but the High Court of Patna has held to the contrary. It relates to applicability of Section 8-B of the Commissions of Inquiry Act, 1952 (60 of 1952) (for short the Act).

(2.) In the year 1989 some communal riots took place in Bhagalpur District, State of Bihar, resulting in many deaths and left some others injured. Undoubtedly, it was a matter of concern and the State Government decided to constitute a Commission of Inquiry under Section 3 of the Act, which reads as under :

(3.) The terms of the Reference are as follows :