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may 1972

Supreme Court of India · 1972-05-30

ABDUSSUKKUR vs THE STATE OF WEST BENGAL

Citation / case number
SC 1972/60451
Court
Supreme Court of India
Petitioner
ABDUSSUKKUR
Respondent
THE STATE OF WEST BENGAL
Author
HANS RAJ KHANNA
Bench
HANS RAJ KHANNA

Judgment text excerpt

The Supreme Court held that the unexplained delay of 27 days by the State Government in considering the petitioner's representation against his detention under Section 3 of the West Bengal (Prevention of Violent Activities) Act, 1970 invalidated the detention. The Court emphasized that timely consideration of such representations is crucial for upholding the right to personal liberty under Article 21 of the Constitution. Consequently, the Court ordered the release of the petitioner, Abdus Sukkur.

ABDUSSUKKUR vs THE STATE OF WEST BENGAL · Niyam