https://www.taxtmi.com/caselaws?id=174906 An externment order made without the statutory hearing and fair opportunity required before restricting liberty is void ab initio, because compliance with natural justice is a condition for valid exercise of the power. The defect is not a mere irregularity but a fundamental breach of the constitutional and statutory obligation to hear the affected person before curtailing a fundamental freedom. As the invalidity relates back to the start once the order is quashed, the order cannot be treated as having legal existence for the purpose of criminal liability. On that basis, disobedience of the quashed order does not constitute an offence and acquittal follows. en-us Tue, 19 Feb 1974 00:00:00 +0530 Wed, 28 Oct 2015 11:44:44 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=174906 An externment order made without the statutory hearing and fair opportunity required before restricting liberty is void ab initio, because compliance with natural justice is a condition for valid exercise of the power. The defect is not a mere irregularity but a fundamental breach of the constitutional and statutory obligation to hear the affected person before curtailing a fundamental freedom. As the invalidity relates back to the start once the order is quashed, the order cannot be treated as having legal existence for the purpose of criminal liability. On that basis, disobedience of the quashed order does not constitute an offence and acquittal follows. Case-Laws Indian Laws Tue, 19 Feb 1974 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=174906