Supreme Court of India · 1988-05-03
SALIM RAJMOHMAD MUSLIM vs STATE OF GUJARAT & ORS.
- Citation / case number
- SC 1988/70930
- Court
- Supreme Court of India
- Petitioner
- SALIM RAJMOHMAD MUSLIM
- Respondent
- STATE OF GUJARAT & ORS.
- Author
- A.P. SEN
- Bench
- A.P. SEN
Judgment text excerpt
The Supreme Court ruled that the continued detention of the petitioner under the Gujarat Prevention of Anti-Social Activities Act, 1985, was unconstitutional due to the State Government's failure to consider the petitioner's representation against the detention. The Court emphasized that the delay in addressing the representation violated the petitioner's rights under Article 22(5) of the Constitution, which guarantees the right to make a representation against detention. Consequently, the Court declared the detention invalid and impermissible, aligning with the precedent set in Mohinuddin v. District Magistrate, Beed & Ors.