VIKRAMAJIT SEN, P.K.BHASIN
Rudra Pratap Singh – Appellant
Versus
Union of India – Respondent
VIKRAMAJIT SEN, J.:
1. This Writ Petition prays for the issuance of a writ of Habeas Corpus or any other writ, order or direction to quash the impugned Detention Order dated 11.4.2002. There is also a prayer for setting the Petitioner at liberty, which has been rendered infructuous as the Detention Order has already run its course. The challenge is predicated on three grounds-(a) delay in passing the Detention Order, (b) delay in execution of the Detention Order and (c) non-supply of documents.
.2. Almost four decades ago it had been observed in Moti Lal Jain -vs-State of Bihar, AIR 1968 SC 1509 that the interest of society are no less important than that of an individual and that when these two rights collide with each other, a balance
.must be maintained between them by the Courts. A score years later, in T.A. Abdul Rahman -vs-State of Kerala, (1989) 4 SCC 741 = AIR 1990 SC 225 the Supreme Court opined that “when there is unsatisfactory and unexplained delay between the date of detention and the date of securing arrest of the detenu such a delay would throw considerable doubt on the genuineness of the subjective satisfaction of the detaining authority leading to a legiti
A. Mohammed Farook v. Jt. Secy. to GOJT 1999 (10) SC 290 : 2000(2) SCC 360
Abdul Sathar Ibrahim Manik v. Union of India AIR 1991 SC 2261
Ahamed Mohaideen Zabbar v. State of Tamil Nadu 1999 (2) JCC (SC) 292 : 1999 (4) SCC 417
Dalbir Singh v. Union of India 1995 I AD (Delhi) 1169 : 1995(33) DRJ 132(DB)
Hemlata v. State of Maharashtra (1982) 1 SCR 1028
Issac Babu v. Union of India (1990) 4 SCC 135
K.P.M. Basheer v. State of Karnataka 1992 Crl. L.J. 1927 : (1992) 2 SCC 295
Kamarunnissa v. Union of India AIR 1991 SC 1640
Manju Ramesh Nahar v. Union of India (1999) 4 SCC 116
Moti Lal Jain v. State of Bihar AIR 1968 SC 1509
P.M. Hari Kumar v. Union of India . (1995) 5 SCC 691
Powanammal v. State of Tamil Nadu JT 1999(1) SC 31 : 1999(2) SCC 413
Prakash Chandra Mehra v. Commissioner and Secretary AIR 1986 SC 687
Rajinder Arora v. Union of India AIR 2006 SC 1719: 2006(4) SCC 796
SK Serajul v. State of West Bengal (1975) 2 SCC 78
Shafiq Ahmad v. District Magistrate
SK. Nizamuddin v. State of West Bengal AIR 1974 SC 2353
SMF Sultan Abdul Kader v. Jt. Secy. to Govt. of India (1998) 8 SCC 343
T.A. Abdul Rahman v. State of Kerala (1989) 4 SCC 741 = AIR 1990 SC 225
Union of India v. Amrit Lal Manchanda JT 2004(2) SC 378: AIR 2004 SC 1625
Sheetal Manoj Gore v. State of Maharashtra (2006) 7 SCC 560 : 2006 (90) DRJ 665[SC]
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.