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march 1990

Supreme Court of India · 1990-03-28

VASHISHT NARAIN KARWARIA vs STATE OF U.P. AND ANR.

Citation / case number
SC 1990/77037
Court
Supreme Court of India
Petitioner
VASHISHT NARAIN KARWARIA
Respondent
STATE OF U.P. AND ANR.
Author
S.R. PANDIAN
Bench
S.R. PANDIAN

Judgment text excerpt

The Supreme Court held that the detention order under Section 3(3) of the National Security Act, 1980, was vitiated due to the consideration of extraneous materials, as the detaining authority relied on allegations of the detenu being a hardened criminal without sufficient evidence, violating Article 22(5) of the Constitution. The Court emphasized that the detenu was not provided with adequate particulars to make an effective representation against the detention. Consequently, the detention order was quashed, reaffirming the necessity of proper grounds for preventive detention.

VASHISHT NARAIN KARWARIA vs STATE OF U.P. AND ANR. · Niyam