ABDUL LATIF ABDUL WAHAB SHEIKH versus B.K. JHA & ANR.

ABDUL LATIF ABDUL WAHAB SHEIKH versus B.K. JHA & ANR.

Section 15 of the Gujarat Prevention of Anti Social Activities Act, 1985 must be read down to ensure compliance with Article 22(4) of the Constitution; if the Advisory Board report is not made within three months from the date of detention, continued detention is illegal, and procedural safeguards must be strictly followed.

Parties
Appellant: Abdul Latif Abdul Wahab Sheikh; Respondent: B.K. Jha; Respondent: State of Gujarat
Jurisdiction
India
Judgment Date
09 February 1987
Procedural Posture
Criminal Appeal / Appeal Against Dismissal of Writ Petition by High Court
Outcome
Appeal allowed; detention order quashed.
Legal Topics
Preventive Detention, Procedural Safeguards, Article 22(4) of Constitution, Successive Detention Orders
Constitutional Law Criminal Law Preventive Detention Procedural Safeguards Article 22(4) of Constitution Successive Detention Orders

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Parties

Abdul Latif Abdul Wahab Sheikh

Appellant

B.K. Jha

Respondent

State of Gujarat

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Dismissal of Writ Petition by High Court

Legal Issues

  1. 1 Whether Section 15 of the Gujarat Prevention of Anti Social Activities Act, 1985, providing for successive detention orders, violates Article 22(4) of the Constitution
  2. 2 Whether the procedural requirements under the Constitution and the Act were complied with in the appellant's detention

Ratio Decidendi

Section 15 of the Gujarat Prevention of Anti Social Activities Act, 1985 must be read down to ensure compliance with Article 22(4) of the Constitution; if the Advisory Board report is not made within three months from the date of detention, continued detention is illegal, and procedural safeguards must be strictly followed.

Court Disposition

Appeal allowed; detention order quashed.

Orders

  • Order of detention dated August 7, 1986, quashed.
  • Petitioner need not surrender to parole.