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march 1989

Supreme Court of India · 1989-03-03

ABDUL RAZAK ABDUL WAHAB SHEIKH vs S.N. SINHA, COMMISSIONER OF POLICE, AHMEDABADAND ANOTHER

Citation / case number
SC 1988/70736
Court
Supreme Court of India
Petitioner
ABDUL RAZAK ABDUL WAHAB SHEIKH
Respondent
S.N. SINHA, COMMISSIONER OF POLICE, AHMEDABADAND ANOTHER
Author
B.C. RAY
Bench
B.C. RAY

Judgment text excerpt

The Supreme Court examined the legality of a detention order under Section 3(2) of the Gujarat Prevention of Anti-Social Activities Act, 1985, and Section 3 of the National Security Act, 1980. The Court held that the detaining authority must apply its mind to all relevant materials, including the detenu's past history and the absence of his name in certain FIRs. The detention order was quashed due to the failure of the authority to consider critical facts, including the denial of bail and the lack of evidence linking the detenu to ongoing criminal activities.

ABDUL RAZAK ABDUL WAHAB SHEIKH vs S.N. SINHA, COMMISSIONER OF POLICE, AHMEDABADAND ANOTHER · Niyam