CHENNAI: Senior DMK leader and former minister for municipal administration and water supply (MAWS) KN Nehru on Tuesday told the Madras High Court that it was against the principles of natural justice to pass an order affecting him without granting him an opportunity of placing his case before the court.
The submission was made by senior counsel Siddharth Luthra, appearing for Nehru, before the first bench of Chief Justice Sushrut Arvind Dharmadhikari and Justice G Arul Murugan during the arguments on the review petitions filed against the bench's February 20, 2026, order directing the Directorate of Vigilance and Anti-Corruption (DVAC) to register an FIR forthwith on the alleged cash for jobs scam in the MAWS department.
He noted that the Supreme Court has dealt with the issue of the courts proceeding to pass orders without giving an opportunity to be heard to the parties. "A notice was issued to me (Nehru) on the day the bench reserved the orders. Since the notice was issued, I have become a respondent. The moment I become a respondent, I have a right to hearing," he said.
He said neither the rules of Madras HC nor Section 482 of CrPC will become a legal bar for filing a review petition if the respondent is not heard because it goes against the principles of natural justice.
"So, the fact is the moment a party, in a cause, is not heard, and having been issued notice, that itself is the ground for recall of the order or review so that party can at least place his side; the result may be immaterial," Luthra contended.
Responding to Advocate General Vijay Narayan's contention that the review petition is not maintainable because the writ is of a criminal nature, Luthra said the court (first bench headed by CJ) is not acting as a criminal court but exercising the jurisdiction under Article 226 of the Constitution and so is bound to go by the Letters Patent Act, the writ rules and the CPC.
The bench adjourned the hearing to August 7.