Supreme Court of India · 1973-09-11
KANU SANYAL vs DISTRICT MAGISTRATE, DARJEEIJNG & ORS.
- Citation / case number
- SC 1973/60330
- Court
- Supreme Court of India
- Petitioner
- KANU SANYAL
- Respondent
- DISTRICT MAGISTRATE, DARJEEIJNG & ORS.
- Author
- BHAGWATI, P.N.,SIKRI, S.M. (),PALEKAR, D.G.,CHANDRACHUD, Y.V.,KRISHNAIYER, V.R.
- Bench
- BHAGWATI, P.N.,SIKRI, S.M. (CJ),PALEKAR, D.G.,CHANDRACHUD, Y.V.,KRISHNAIYER, V.R.
Judgment text excerpt
The Supreme Court ruled that the production of the body of a detained person is not a prerequisite for hearing a writ of habeas corpus under Article 32 of the Constitution. The Court clarified that it can dispense with this requirement while issuing a rule nisi as per Order XXXV, Rules 4 and 5 of the Supreme Court Rules. The Court emphasized that the legality of detention can be examined without the detained individual being present, allowing for an order of release if the detention is found unlawful.