HAMIDA SARFARAZ QUREISHI versus M. S. KASBEKAR & OTHERS

HAMIDA SARFARAZ QUREISHI versus M. S. KASBEKAR & OTHERS

Failure to provide reasonable notice and opportunity to the detenu, who was hospitalized and incapacitated, amounted to a negation of his statutory right to be heard before the Advisory Board; thus, the detention was vitiated.

Parties
Petitioner: Hamida Sarfaraz Qureishi; Respondent: M. S. Kasbekar & Others
Jurisdiction
India
Judgment Date
11 September 1980
Procedural Posture
Writ Petition / Final Decision
Outcome
petition allowed
Legal Topics
Right to Be Heard, Preventive Detention Procedures, Opportunity of Being Heard
Constitutional Law Preventive Detention Right to Be Heard Preventive Detention Procedures Opportunity of Being Heard

Case Brief

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Parties

Hamida Sarfaraz Qureishi

Petitioner

M. S. Kasbekar & Others

Respondent

Procedural Posture

Writ Petition / Final Decision

Legal Issues

  1. 1 Whether denying the detenu a proper opportunity to be heard by the Advisory Board violates Section 11(1) of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980 and Article 22 of the Constitution

Ratio Decidendi

Failure to provide reasonable notice and opportunity to the detenu, who was hospitalized and incapacitated, amounted to a negation of his statutory right to be heard before the Advisory Board; thus, the detention was vitiated.

Court Disposition

petition allowed

Orders

  • Directed release of the detenu