CHENNAI: Senior DMK leader and former minister KN Nehru on Tuesday told the Madras High Court that passing an order affecting him without giving him an opportunity to present his case was contrary to the principles of natural justice.
Senior counsel Siddharth Luthra, appearing for Nehru, made the submission before the first bench of Chief Justice Sushrut Arvind Dharmadhikari and Justice G Arul Murugan during the hearing of review petitions against the bench’s February 20 order directing the DVAC to register an FIR forthwith in the alleged cash-for-jobs scam in the MAWS department.
Referring to SC rulings, Luthra submitted that courts cannot pass orders affecting parties without hearing them. “Notice was issued to me (Nehru) on the day the bench reserved orders. Once notice is issued, I become a respondent, and I have a right to hearing,” he argued.
He contended that neither the HC Rules nor CrPC Section 482 barred a review petition when a respondent had not been heard, as such an omission violated the principles of natural justice.
Countering Advocate General Vijay Narayan’s argument that the review petitions were not maintainable as the writ proceedings were criminal in nature, Luthra argued that the first bench was exercising its jurisdiction under Article 226. The bench adjourned the hearing to August 7.