S.M.D. KIRAN PASHA vs GOVERNMENT OF ANDHRA PRADESH AND ORS.

The Supreme Court held that the High Court erred in dismissing the appellant's writ petition without considering the extraordinary circumstances of his case, particularly the failure to obtain approval of the detention order by the State Government as mandated by Section 3(3) of the Andhra Pradesh Prevention of Dangerous Activities Act, 1986, and the absence of a referral to the Advisory Board under Section 10. The Court established that both actual illegal detention and imminent illegal detention warrant judicial intervention to protect the fundamental right to liberty under Article 21 of the Constitution. Consequently, the Court quashed the detention order and allowed the appeal.