Supreme Court of India · 1987-02-09
ABDUL LATIF ABDUL WAHAB SHEIKH vs B.K. JHA & ANR.
- Citation / case number
- SC 1987/71053
- Court
- Supreme Court of India
- Petitioner
- ABDUL LATIF ABDUL WAHAB SHEIKH
- Respondent
- B.K. JHA & ANR.
- Author
- O. CHINNAPPA REDDY
- Bench
- O. CHINNAPPA REDDY
Judgment text excerpt
The Supreme Court held that Section 15 of the Gujarat Prevention of Anti Social Activities Act, 1985 must be read down to conform with Article 22(4) of the Constitution, which mandates that no law can allow successive detention orders that undermine constitutional protections. The Court ruled that if the Advisory Board's report is not provided within three months of the initial detention, the detention becomes illegal, regardless of subsequent orders. The appeal was allowed, emphasizing the necessity of strict compliance with procedural safeguards in detention cases.