SMT. PREM LATA SHARMA versus DISTRICT MAGISTRATE, MATHURA AND ORS.

SMT. PREM LATA SHARMA versus DISTRICT MAGISTRATE, MATHURA AND ORS.

Refusal by the detaining authority to forward the detenu's representation to the Central Government resulted in denial of the right under Article 22(5) of the Constitution, rendering the continued detention illegal.

Parties
Petitioner: Smt. Prem Lata Sharma; Respondents: District Magistrate, Mathura and Ors.
Jurisdiction
India
Judgment Date
31 March 1998
Procedural Posture
Writ Petition (crl.) No. 290 of 1997 / Original (article 32, Supreme Court of India)
Outcome
Petition allowed. Detention order quashed.
Legal Topics
Preventive Detention, Right to Representation, National Security Act, Article 22(5)
Constitutional Law Criminal Law Preventive Detention Right to Representation National Security Act Article 22(5)

Case Brief

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Parties

Smt. Prem Lata Sharma

Petitioner

District Magistrate, Mathura and Ors.

Respondents

Procedural Posture

Writ Petition (crl.) No. 290 of 1997 / Original (article 32, Supreme Court of India)

Legal Issues

  1. 1 Whether refusal by the detaining authority to forward the detenu's representation to the Central Government violates Article 22(5) of the Constitution of India and Section 14 of the National Security Act, 1980.

Ratio Decidendi

Refusal by the detaining authority to forward the detenu's representation to the Central Government resulted in denial of the right under Article 22(5) of the Constitution, rendering the continued detention illegal.

Court Disposition

Petition allowed. Detention order quashed.

Orders

  • The impugned order of detention is quashed.
  • The detenu, Suresh Chander Sharma, shall be released forthwith unless required in any other case.