SURYA PRAKASH SHARMA versus STATE OF U.P. AND ORS.

SURYA PRAKASH SHARMA versus STATE OF U.P. AND ORS.

The detention order cannot be sustained as the detaining authority failed to bring on record any cogent material or cogent grounds justifying detention, merely relying on a solitary murder as a basis, and did not fulfill the requirements outlined in precedent.

Parties
Detenue: Surya Prakash Sharma; Respondents: State of U.P. and Ors.
Jurisdiction
India
Judgment Date
09 August 1994
Procedural Posture
Writ Petition (criminal) / Final Decision
Outcome
Petition allowed; detention order quashed.
Legal Topics
Preventive Detention, Judicial Custody, National Security Act, Article 32
Constitutional Law Criminal Law Preventive Detention Judicial Custody National Security Act Article 32

Case Brief

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Parties

Surya Prakash Sharma

Detenue

State of U.P. and Ors.

Respondents

Procedural Posture

Writ Petition (criminal) / Final Decision

Legal Issues

  1. 1 Whether and in what circumstances an order for preventive detention can be passed against a person who is already in custody.

Ratio Decidendi

The detention order cannot be sustained as the detaining authority failed to bring on record any cogent material or cogent grounds justifying detention, merely relying on a solitary murder as a basis, and did not fulfill the requirements outlined in precedent.

Court Disposition

Petition allowed; detention order quashed.

Orders

  • Surya Prakash Sharma be released forthwith unless wanted in some other case.