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.