Justitia nemini neganda est – Justice is to be denied to nobody.
1. Meaning
Latin maxim: Justitia nemini neganda est
Translation: “Justice is to be denied to nobody.”
Explanation:
This legal maxim emphasizes that every individual is entitled to justice.
No one, regardless of their status, wealth, or influence, should be denied access to legal remedies or fair treatment under the law.
It forms the foundation of fairness, equality, and rule of law in legal systems worldwide.
Key points:
Justice must be accessible to all.
Denying justice to even one person undermines the integrity of the legal system.
It supports judicial impartiality and equality before the law.
2. Legal Significance
Recognized in common law and civil law systems as a guiding principle.
Ensures that courts cannot refuse to hear a case just because the party is poor, unpopular, or marginalized.
It is a cornerstone of due process and natural justice.
3. Case Law Illustrations
a) Maneka Gandhi v Union of India (AIR 1978 SC 597)
Facts: Passport of Maneka Gandhi was impounded without giving her a chance to be heard.
Decision: Supreme Court emphasized right to fair procedure and access to justice.
Principle: Justice cannot be denied to anyone; every individual has the right to be heard.
b) State of Rajasthan v. Balchand (AIR 1977 SC 1361)
Facts: Delays in justice delivery led to deprivation of legal remedies.
Decision: Court reiterated that justice delayed is justice denied, reflecting the principle that justice must be accessible to all.
c) Hussainara Khatoon v. Home Secretary, State of Bihar (1979 1 SCC 136)
Facts: Many undertrial prisoners were kept in jail for years without trial.
Decision: Supreme Court ordered their release, stating that denial of speedy justice is a violation of fundamental rights.
Principle: Reinforces that justice must not be denied to anyone.
4. Relation to Other Legal Maxims
Audi alteram partem: No one should be condemned unheard.
Nemo iudex in causa sua: No one should be a judge in their own cause.
Access to justice is a common thread running through these maxims.
5. Summary
Justitia nemini neganda est means justice must be available to all without discrimination.
Ensures equality, fairness, and rule of law.
It is not just a legal principle but a moral imperative of any civilized legal system.
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