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may 1988

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.

SALIM RAJMOHMAD MUSLIM vs STATE OF GUJARAT & ORS. · Niyam