The Najakat Conflict

Posted on by Rudrajyoti Nath Ray

Although in Paragraph 45 of State of Maharashtra v. Najakat Alia Mubarak Ali, (2001) 6 SCC 311 view of Hon’ble K.T. Thomas J did have concurrence of Hon’ble S.N. Phukan J, bare reading of view expressed in Paragraph 44 accords with dissenting view of Hon’ble R.P. Sethi J. We attempted a reconciliation of conflicting views. However, we are afraid, it has proved abortive. How far and to what extent efficacy of the Najakat Alia Mubarak Ali as a precedent would bind subsequent Benches of this Court remains debatable in view of aforesaid apparent irreconcilable conflict.

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'The Last Word' seeks to include not only wise and witty sayings but also curiosities. These words are not of obligation but of delight. I am not alone in my refusal to believe, law is tedious. For all who escaped these percipient eyes, mea culpa maxima. History, after all, has many cunning passages, contrived corridors and issues.