RATTAN SINGH ETC. ETC. versus STATE OF PUNJAB & ORS. ETC. ETC.

RATTAN SINGH ETC. ETC. versus STATE OF PUNJAB & ORS. ETC. ETC.

The detention of the petitioner is illegal because the authorities failed to forward and consider the petitioner's representation to the Central Government, thus depriving him of a valuable safeguard under preventive detention laws.

Parties
Petitioner: Rattan Singh; Respondent No. 1: State of Punjab; Respondents: State of Punjab & Ors.
Jurisdiction
India
Judgment Date
22 October 1981
Procedural Posture
Writ Petition (article 32) / Final Judgment
Outcome
Petitions allowed; detention held illegal.
Legal Topics
Preventive Detention, COFEPOSA, Fundamental Rights, Representation to Central Government
Constitutional Law Preventive Detention COFEPOSA Fundamental Rights Representation to Central Government

Case Brief

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Parties

Rattan Singh

Petitioner

State of Punjab

Respondent No. 1

State of Punjab & Ors.

Respondents

Procedural Posture

Writ Petition (article 32) / Final Judgment

Legal Issues

  1. 1 Whether the failure to consider the detenu's representation to the Central Government renders detention illegal under COFEPOSA.
  2. 2 Scope of power of Central Government under section 11(1) of COFEPOSA.

Ratio Decidendi

The detention of the petitioner is illegal because the authorities failed to forward and consider the petitioner's representation to the Central Government, thus depriving him of a valuable safeguard under preventive detention laws.

Court Disposition

Petitions allowed; detention held illegal.

Orders

  • Detenu to be released and set at liberty.