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November 8, 2003 

Plea of natural justice

An ultimate defence 

M. Humaun Kabir

Natural justice is the administration of justice in a common sense based substantially on natural ideas and human values. 'No one to be condemned unheard' is the principle of natural justice, which is also commonly known as 'audi alteram partem' in a Latin term. It also may be termed as the 'First Principle of Law,' Principle of Universal Justice,' 'Fundamental Justice' which are found in the 'Canadian Bill of rights-1960 (section 2.e).

Requirement of hearing of both sides in any disputes before reaching a conclusion was enshrined in the very ancient world. It was also thought then that reaching a decision without a full hearing of both parties is injustice. Articles 10 and 11 of the Universal Declaration of Human Rights (UDHR) reveal the concept of the principle of natural justice. These Articles state that everyone is entitled full equality to a fair and public hearing by an independent and impartial tribunal in the 'determination of rights and obligations of any criminal charge against him. And everyone charged with penal offence has the right to be presumed innocent until proved guilty.

The first and foremost pillars of this principle is serving notice to the accused showing the allegations against him/ her with adequate time to defence. In the absence of notice of this kind and such reasonable opportunity of defence, any order passed against him in absentia becomes wholly vitiated. Even no materials or evidence should be relied on against any person without being given him an opportunity of explaining them. Thus, it is essential that a party should be put on notice of the case before any adverse order is passed against him. But who has the right to be heard? Answer is anyone whose right has been or would be affected or violated without legal sanctions.

There are sets of judgement of the Supreme Court, which established that non-observance of the principle of natural justice absolutely vitiates any proceedings taken. In case of violation of this principle a wide range of remedies is available to the individual claimed to prejudiced. It is now well recognised that the court has power to expand procedure laid down by statute if that is necessary to prevent infringement of natural justice.

The precise purpose of invoking this principle is to supplement the statute and not to supplant it. So, this principle is of universal application where the statute itself prescribes no specific procedures. It is decided by the Supreme Court of India in MRF Ltd Vs Inspector, verdala, Govt & Ors AIR (1999) Sc 188 that principle of natural justice, including right of hearing, can not be invoked in the making of law either by the parliament or by the state legislature.

Now it may be concluded that principles of natural justice are not codified cannons, rather they are ingrained into the conscience of human beings the breach of which will prevent some one from justice.
So, this principle is the last resort against the arbitrary decision of judicial, quasi-judicial or of administrative orders. The govt can not by framing a rule take away the right to show cause, which a person has on account of a principle of natural justice. Plea of natural justice is an ultimate self-defence when anyone is deprived of proper hearing. But independence of judiciary and rule of law are the condition precedents.

M. Humaun Kabir is an Advocate, Dhaka Judge Court.