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march 1989

Supreme Court of India · 1989-03-16

DHARAMDAS SHAMLAL AGARWAL vs POLICE COMMISSIONER & ANR.

Citation / case number
SC 1988/70700
Court
Supreme Court of India
Petitioner
DHARAMDAS SHAMLAL AGARWAL
Respondent
POLICE COMMISSIONER & ANR.
Author
S.R. PANDIAN
Bench
S.R. PANDIAN

Judgment text excerpt

The Supreme Court held that the detention order under Section 3(2) of the Gujarat Prevention of Anti-Social Activities Act, 1985 was invalid due to the non-consideration of vital facts, specifically the petitioner's acquittals in two cases, which were not presented to the detaining authority. The Court emphasized that the subjective satisfaction required for such orders is vitiated if material facts that could influence the authority's decision are withheld. Consequently, the Court allowed the writ petition and quashed the detention order, affirming the necessity of considering all relevant facts before such orders are issued.

DHARAMDAS SHAMLAL AGARWAL vs POLICE COMMISSIONER & ANR. · Niyam