Supreme Court of India · 1957-11-25
CHOUDHURY DHARAM SINGH RATHI vs THE STATE OF PUNJAB AND OTHERS
- Citation / case number
- SC 1957/60142
- Court
- Supreme Court of India
- Petitioner
- CHOUDHURY DHARAM SINGH RATHI
- Respondent
- THE STATE OF PUNJAB AND OTHERS
- Bench
- DAS, SUDHI RANJAN (CJ),AIYYAR, T.L. VENKATARAMA,DAS, S.K.,GAJENDRAGADKAR, P.B.,SARKAR, A.K.
Judgment text excerpt
The Supreme Court held that under Section 10 of the Preventive Detention Act, the Advisory Board must submit its report within ten weeks of detention, and failure to do so renders further detention unlawful. The Court emphasized that the timely submission of the report is crucial for the detenu's rights, and in this case, since the Advisory Board did not submit its report within the stipulated time, the detenu's continued detention was deemed illegal. Consequently, the Court ordered the release of the detenu.