Sets Aside MACT Court’s Order Passed Exparte

Srinagar: A man cannot incur the loss of property or liberty for an offence by a judicial proceedings until he has a fair opportunity of answering the case against him, the High Court of J&K and Ladakh has said as it set aside an award of compensation passed on 27 April 2019 by Motor Accidents Claims Tribunal, Shopian against a person without any notice to him.
Allowing an appeal filed by the person—Ghulam Nabi Turrey, a Bench of Justice Wasim Sadiq Nargal, remanded back to the Tribunal the matter for rehearing and deciding the same in accordance with law with in a period of three months.
“From bare perusal of the award, the finding has been recorded that a notice was although issued to the appellant (Turrey) but the appellant despite service did not appear and this was precisely the reason that the appellant was proceeded ex-parte,” the court said, adding, “The finding of the Tribunal is without any basis as there is no whisper in the award with regard to factum of service of the notice on the appellant nor there is any mention of the date when the notice was served to the appellant.”
The court said that there is no mention in the award with regard to recording of the statement of the Process Server by the Tribunal nor had the Process Server sworn an affidavit stating whether he had ever served the notice as required under law.
“The stand taken by the appellant (Turrey) that he had never received any notice from the Tribunal cannot be faulted. Thus, I hold that the award dated 27th April 2019 has been passed in ex-parte and without any service of notice to the appellant by providing him an opportunity of being heard. On this ground alone, the award is liable to be set aside.”
The court said that concept and doctrine of Principles of Natural Justice and its application in Justice delivery system is not new. “It seems to be as old as the system of dispensation of justice itself. It has by now assumed the importance of being, so to say, “an essential inbuilt component” of the mechanism, through which decision making process passes, in the matters touching the rights and liberty of the people,” the court said, adding, “It is no doubt, a procedural requirement but it ensures a strong safeguard against any Judicial or administrative; order or action, adversely affecting the substantive rights of the individuals.”
A man cannot incur the loss of property or liberty for an offence by a judicial proceedings until he has a fair opportunity of answering the case against him, the court said. “In many statutes, provisions are made ensuring that a notice is given to a person against whom an order is likely to be passed before a decision is made, but there may be instances where though an authority is vested with the powers to pass such orders which affect the liberty or property of an individual but the statute may not contain a provision for prior hearing,” the court said, adding, “But what is important to be noted is that applicability of principles of natural justice is not dependent upon any statutory provision.”
The principle has to be mandatorily applied irrespective of the fact as to whether there is any such statutory provision or not, the court added.
SIU presents chargesheet against 2 militants
Srinagar: Special Investigation Unit (SIU) has presented a chargesheet against two militants, one among them dead, in Baramulla in north Kashmir, officials said on Monday.
A police spokesperson in a statement said that the chargesheet was presented in the case (FIR No. 40/2022) under section 3.I.A Act 13,16,18,18-B,38 UAP Act of Police Station Sheeri before the court of Additional Sessions Judge (NIA Court) Baramulla.
The case, he said, pertains to the arrest of a militant Nisar Ahmad Bhat in Wasran Taripora forests. He was arrested by a joint team of Police, 52RR, 46RR and 53Bn CRPF during a cordon and search operation, he said.
“The chargesheet was presented against the accused Nisar Ahmad son of Mohammad Akbar resident of Shrakwara presently lodged in District Jail Baramulla and accused Hilal Ahmad Sheikh (dead) in abate,” he said, adding, “Investigation in respect of accused (militants) Usman alias Usman Bai and Ali Sajad alias Sajad Bai, both residents of Pakistan shall continue.”

KR Desk