DR. RAHAMATULLAH versus STATE OF BLHAR AND ANR.

DR. RAHAMATULLAH versus STATE OF BLHAR AND ANR.

State Government deferred consideration of detenu's representation until receipt of Advisory Board's opinion, resulting in non-compliance with Article 22(5), rendering detention order liable to be quashed.

Parties
Petitioner: Dr. Rahamatullah; Respondent: State of Bihar; Respondent: District Magistrate, Dhanbad
Jurisdiction
India
Judgment Date
28 September 1981
Procedural Posture
Writ Petition (crl.) No. 5124 of 1981 / Original Jurisdiction
Outcome
Petition allowed; order of detention quashed.
Legal Topics
Preventive Detention, Article 22(5), National Security Act, 1980
Constitutional Law Criminal Law Preventive Detention Article 22(5) National Security Act, 1980

Case Brief

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Parties

Dr. Rahamatullah

Petitioner

State of Bihar

Respondent

District Magistrate, Dhanbad

Respondent

Procedural Posture

Writ Petition (crl.) No. 5124 of 1981 / Original Jurisdiction

Legal Issues

  1. 1 Whether the State Government complied with Article 22(5) obligation to consider the detenu's representation independently before confirming detention under National Security Act, 1980.

Ratio Decidendi

State Government deferred consideration of detenu's representation until receipt of Advisory Board's opinion, resulting in non-compliance with Article 22(5), rendering detention order liable to be quashed.

Court Disposition

Petition allowed; order of detention quashed.

Orders

  • The detenu shall be set at liberty forthwith.