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december 1977

Supreme Court of India · 1977-12-13

BAL CHAND CHORARIA vs UNION OF INDIA AND ORS.

Citation / case number
SC 1977/61675
Court
Supreme Court of India
Petitioner
BAL CHAND CHORARIA
Respondent
UNION OF INDIA AND ORS.
Bench
FAZALALI, SYED MURTAZA

Judgment text excerpt

The Supreme Court held that the representation made by the detenu through his counsel must be considered by the Government, as it is a matter concerning personal liberty under Article 21 of the Constitution. The Court found that the High Court erred in interpreting the representation as not being made by the detenu himself. The failure to consider the representation vitiates the order of detention, leading to the allowance of the appeal and the immediate release of the appellant.

BAL CHAND CHORARIA vs UNION OF INDIA AND ORS. · Niyam