57. Mr. Naphade would submit that the Appellant did not suffer any prejudice. We do not agree. Infringement of such a valuable right itself causes prejudice. In S.L. Kapoor v. Jagmohan MANU/SC/0036/1980 : (1980) 4 SCC 379 this Court clearly held: (SCC p. 395, para 24)
24.... In our view the principles of natural justice know of no exclusionary Rule dependent on whether it would have made any difference if natural justice had been observed. The non-observance of natural justice is itself prejudice to any man and proof of prejudice independently of proof of denial of natural justice is unnecessary. It will comes from a person who has denied justice that the person who has been denied justice is not prejudiced.
IN THE SUPREME COURT OF INDIA
Criminal Appeal Nos. 656-657 of 2019.
Decided On: 11.04.2019
Atma Ram and Ors. Vs. State of Rajasthan .
Hon'ble Judges/Coram:
U.U. Lalit and Indu Malhotra, JJ.
Author: U.U. Lalit, J.
Citation: (2019) 20 SCC 481,2019 INSC 516, MANU/SC/0526/2019.
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